THE  PROPOSED 

CONSTITUTION  FOR  THE  STATE  OF  ARIZONA 


Adopted  by  the  Constitutional  Convention,  held  at 

Phoenix,  Arizona,  from  October  10 

to  December  9,  1910. 


PREAMBLE. 

We,  the  people  of  the  State  of  Arizona,  grateful  to   Almighty 
God  for  our  liberties,  do  ordain  this  Constitution. 


ARTICLE    I. 

STATE)     BOUNDARIES. 

The  boundaries  of  the  State  of  Arizona  shall  be  as  follows, 
namely:  Beginning  at  a  point  on  the  Colorado  River  twenty 
English  miles  below  the  junction  of  the  Gila  and  Colorado  Rivers, 
as  fixed  by  the  Gadsden  Treaty  between  the  United  States  and 
Mexico,  being  in  latitude  thirty-two  degrees,  twenty-nine  minutes, 
forty-four  and  forty-five  one-hundredths  seconds  north,  and  longi- 
tude one  hundred  and  fourteen  degrees,  forty-eight  minutes,  forty- 
four  and  fifty-three  one-hundredths  seconds  west  of  Greenwich; 
thence  along  and  with  the  international  boundary  line  between  the 
United  States  and  Mexico  in  a  southeastern  direction  to  Monu- 
ment Number  127  on  said  boundary  line,  in  latitude  thirty-one 
degrees,  twenty  minutes  north;  thence  east  along  and  with  said 
parallel  of  latitude,  continuing  on  said  boundary  line  to  an  inter- 
section with  the  meridian  of  longitude  one  hundred  nine  degrees, 
two  minutes,  fifty-nine  and  twenty-five  one-hundredths  seconds 
west,  being  identical  with  the  southwestern  corner  of  New  Mexico ; 
thence  north  along  and  with  said  meridian  of  longitude  and  the 
west  boundary  of  New  Mexico  to  an  intersection  with  the  parallel 
of  latitude  thirty-seven  degrees  north,  being  the  common  corner 
of  Colorado,  Utah,  Arizona,  and  New  Mexico;  thence  west  along 
and  with  said  parallel  of  latitude  and  the  south  boundary  of  Utah 
to  an  intersection  with  the  meridian  of  longitude  one  hundred 
fourteen  degrees,  two  minutes,  fifty-nine  and  twenty-five  one-hun- 
dredths seconds  west,  being  on  the  east  boundary  line  of  the  State 
of  Nevada;  thence  south  along  and  with  said  meridian  of  longitude 
and  the  east  boundary  of  said  State  of  Nevada,  to  the  center  of 
the  Colorado  River;  thence  down  the  mid-channel  of  said  Colorado 
River  in  a  southern  direction  along  and  with  the  east  boundaries  of 
Nevada,  California,  and  the  Mexican  Territory  of  Lower  Califor- 
nia, _successively,  to  the  place  of  beginning. 

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ARTICLE  II. 

DECLARATION     OF     RIGHTS. 

SEC.  1.  A  frequent  recurrence  to  fundamental  principles  is  es- 
sential to  the  security  of  individual  rights  and  the  perpetuity  of 
free  government. 

SEC.  2.  All  political  power  is  inherent  in  the  people,  and  govern- 
ments derive  their  just  powers  from  the  consent  of  the  governed, 
and  are  established  to  protect  and  maintain  individual  rights. 

SEC.  3.  The  Constitution  of  the  United  States  is  the  supreme 
law  of  the  land. 

SEC.  4.  No  person  shall  be  deprived  of  life,  liberty,  or  property 
without  due  process  of  law. 

SEC.  5.  The  right  of  petition,  and  of  the  people  peaceably  to 
assemble  for  the  common  good,  shall  never  be  abridged. 

SEC.  6.  Every  person  may  freely  speak,  write,  and  publish  on  all 
subjects,  being  responsible  for  the  abuse  of  that  right. 

SEC.  7.  The  mode  of  administering  an  oath,  or  affirmation,  shall 
be  such  as  shall  be  most  consistent  with  and  binding  upon  the  con- 
science of  the  person  to  whom  such  oath,  or  affirmation,  may  be 
administered. 

SEC.  8.  No  person  shall  be  disturbed  in  his  private  affairs,  or 
his  home  invaded,  without  authority  of  law. 

SEC.  9.  No  law  granting  irrevocably  any  privilege,  franchise, 
or  immunity  shall  be  enacted. 

SEC.  10.  No  person  shall  be  compelled  in  any  criminal  case  to 
give  evidence  against  himself,  or  be  twice  put  in  jeopardy  for  the 
same  offense. 

SEC.  11.  Justice  in  all  cases  shall  be  administered  openly,  and 
without  unnecessary  delay. 

SEC.  12.  The  liberty  of  conscience  secured  by  the  provisions  of 
this  Constitution  shall  not  be  so  construed  as  to  excuse  acts  of 
licentiousness,  or  justify  practices  inconsistent  with  the  peace  and 
safety  of  the  State.  No  public  money  or  property  shall  be  appro- 
priated for  or  applied  to  any  religious  worship,  exercise,  or  instruc- 
tion, or  to  the  support  of  any  religious  establishment.  No  religious 
qualification  shall  be  required  for  any  public  office  or  employment, 
nor  shall  any  person  be  incompetent  as  a  witness  or  juror  in  con- 
sequence of  his  opinion  on  matters  of  religion,  nor  be  questioned 
touching  his  religious  belief  in  any  court  of  justice  to  affect  the 
weight  of  his  testimony. 

SEC.  13.  No  law  shall  be  enacted  granting  to  any  citizen,  class 
of  citizens,  or  corporation  other  than  municipal,  privileges  or  im- 
munities which,  upon  the  same  terms,  shall  not  equally  belong  to 
all  citizens  or  corporations. 

SEC.  14.  The  privilege  of  the  writ  of  habeas  corpus  shall -not 
be  suspended  by  the  authorities  of  the  State. 

SEC.  15.  Excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishment  inflicted. 

SEC.  16.  No  conviction  shall  work  corruption  of  blood,  or  for- 
feiture of  estate. 

SEC.  17.  Private  property  shall  not  be  taken  for  private  use, 
except  for  private  ways  of  necessity,  and  for  drains,  flumes,  or 
ditches,  on  or  across  the  lands  of  others  for  mining,  agricultural, 


domestic,  or  sanitary  purposes.  NO  private  property  shall  be  taken 
or  damaged  for  public  or  private  use  without  just  compensation 
having  been  first  made,  or  paid  into  court  for  the  owner,  and  no 
right  of  way  shall  be  appropriated  to  the  use  of  any  corporation 
other  than  municipal,  until  full  compensation  therefor  be  first  made 
in  money,  or  ascertained  and  paid  into  court  for  the  owner,  irre- 
spective of  any  benefit  from  any  improvement  proposed  by  such 
corporation,  which  compensation  shall  be  ascertained  by  a  jury,  un- 
less a  jury  be  waived  as  in  other  civil  cases  in  courts  of  record,  in 
the  manner  prescribed  by  law.  Whenever  an  attempt  is  made  to 
take  private  property  for  a  use  alleged  to  be  public,  the  question 
whether  the  contemplated  use  be  really  public  shall  be  a  judicial 
question,  and  determined  as  such  without  regard  to  any  legislative 
assertion  that  the  use  is  public. 

SEC.  18.  There  shall  be  no  imprisonment  for  debt,  except  in 
cases  of  fraud. 

S^c.  19.  Any  person  having  knowledge  or  possession  of  facts 
that  tend  to  establish  the  guilt  of  any  other  person  or  corporation 
charged  with  bribery  or  illegal  rebating,  shall  not  be  excused  from 
giving  testimony  or  producing  evidence,  when  legally  called  upon 
to  do  so,  on  the  ground  that  it  may  tend  to  incriminate  him  un- 
der the  laws  of  the  State;  but  no  person  shall  be  prosecuted  or 
subject  to  any  penalty  or  forfeiture  for,  or  on  account  of,  any 
transaction,  matter,  or  thing  concerning  which  he  may  so  testify 
or  produce  evidence. 

S^c.  20.  The  military  shall  be  in  strict  subordination  to  the 
civil  power. 

SEC.  21.  All  elections  shall  be  free  and  equal,  and  no  power, 
civil  or  military,  shall  at  any  time  interfere  to  prevent  the  free  ex- 
ercise of  the  right  of  suffrage. 

SEC.  22.  All  persons  charged  with  crime  shall  be  bailable  by 
sufficient  sureties,  except  for  capital  offenses  when  the  proof  is 
evident  or  the  presumption  great. 

SEC.  23.  The  right  of  trial  by  jury  shall  remain  inviolate,  but 
provision  may  be  made  by  law  for  a  jury  of  a  number  of  less  than 
twelve  in  courts  not  of  record,  and  for  a  verdict  by  nine  or  more 
jurors  in  civil  cases  in  any  court  of  record,  and  for  waiving  of  a 
jury  in  civil  cases  where  the  consent  of  the  parties  interested  is 
given  thereto. 

SEC.  24.  In  criminal  prosecutions,  the  accused  shall  have  the 
right  to  appear  and  defend  in  person,  and  by  counsel,  to  demand 
the  nature  and  cause  of  the  accusation  against  him,  to  have  a  copy 
thereof,  to  testify  in  his  own  behalf,  to  meet  the  witnesses  against 
him  face  to  face,  to  have  compulsory  process  to  compel  the  at- 
tendance of  witnesses  in  his  own  behalf,  to  have  a  speedy  pubilc 
trial  by  an  impartial  jury  of  the  county  in  which  the  offense  is  al- 
leged to  have  been  committed,  and.  the  right  to  appeal  in  all  cases ; 
and  in  no  instance  shall  any  accused  person  before  final  judgment 
be  compelled  to  advance  money  or  fees  to  secure  the  rights  herein 
guaranteed. 

SEC.  25.  No  bill  of  attainder,  ex-post- facto  law,  or  law  impair- 
ing the  obligation  of  a  contract,  shall  ever  be  enacted. 

SEC.  26.  The  right  of  the  individual  citizen  to  bear  arms  in  de- 
fense of  himself  or  the  State  shall  not  be  impaired,  but  nothing  in 
this  section  shall  be  construed  as  authorizing  individuals  or  cor- 

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porations  to  organize,  maintain,  or  employ  an  armed  body  of  men. 

SEC.  27.  No  standing  army  shall  be  kept  up  by  this  State  in 
time  of  peace,  and  no  soldier  shall  in  time  of  peace  be  quartered 
in  any  house  without  the  consent  of  its  owner,  nor  in  time  of  war 
except  in  the  manner  prescribed  by  law. 

SEC.  28.  Treason  against  the  State  shall  consist  only  in  levying 
war  against  the  State,  or  adhering  to  its  enemies,  or  in  giving  them 
aid  and  comfort.  No  person  shall  be  convicted  of  treason  unless 
on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or  con- 
fession in  open  court. 

SEC.  29.  No  hereditary  emoluments,  privileges,  or  powers  shall 
be  granted  or  conferred,  and  no  law  shall  be  enacted  permitting  any 
perpetuity  or  entailment  in  this  State. 

SEC.  30.  No  person  shall  be  prosecuted  criminally  in  any  court 
of  record  for  felony  or  misdemeanor,  otherwise  than  by  informa- 
tion or  indictment;  no  person  shall  be  prosecuted  for  felony  by  in- 
formation without  having  had  a  preliminary  examination  before  a 
magistrate  or  having  waived  such  preliminary  examination. 

SEC.  31.  No  law  shall  be  enacted  in  this  State  limiting  the 
amount  of  damages  to  be  recovered  for  causing  the  death  or  injury 
of  any  person. 

SEC.  32.  The  provisions  of  this  Constitution  are  mandatory,  un- 
less by  express  words  they  are  declared  to  be  otherwise. 

SEC.  33.  The  enumeration  in  this  Constitution  of  certain  rights 
shall  not  be  construed  to  deny  others  retained  by  the  people. 


ARTICLE  III. 

DISTRIBUTION    OF    POWERS. 

The  powers  of  the  government  of  the  State  of  Arizona  shall  be 
divided  into  three  separate  departments,  the  Legislative,  the  Execu- 
tive, and  the  Judicial;  and,  except  as  provided  in  this  Constitution, 
such  departments  shall  be  separate  and  distinct,  and  no  one  of  such 
departments  shall  exercise  the  powers  properly  belonging  to  either 
of  the  others. 


ARTICLE  IV. 
LEGISLATIVE  DEPARTMENT. 

1.      INITIATIVE    AND    REFERENDUM. 

SEC.  1.  (1)  The  legislative  authority  of  the  State  shall  be 
vested  in  a  Legislature,  consisting  of  a  Senate  and  a  House  of  Rep- 
resentatives, but  the  people  reserve  the  power  to  propose  laws  and 
amendments  to  the  Constitution  and  to  enact  or  reject  such  laws 
and  amendments  at  the  polls,  independently  of  the  Legislature; 
and  they  also  reserve,  for  use  at  their  own  option,  the  power  to  ap- 
prove or  reject  at  the  polls  any  Act,  or  item,  section,  or  part 
of  any  Act,  of  the  Legislature. 

(2)  The  first  of  these  reserved  powers  is  the  Initiative.  Under 
this  power  ten  per  centum  of  the  qualified  electors  shall  have  the 

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right   to   propose   any   measure,   and   fifteen   per   centum   shall   have 
the  right  to  propose  any  amendment  to  the  Constitution. 

(3)  The   second   of  these   reserved   powers   is   the   Referendum. 
Under  this  power  the  Legislature,  or  five  per  centum  of  the  quali- 
fied  electors,   may  order  the   submission  to  the  people   at  the  polls 
of  any  measure,  or  item,  section,    or  part    of  any  measure,  enacted 
by  the  Legislature,  except  laws  immediately  necessary  for  the  pres- 
ervation of  the  public  peace,  health,  or  safety,  or  for  the  support 
and  maintenance  of  the  departments  of  the   State  Government  and 
State   institutions;   but   to   allow   opportunity   for   Referendum   Peti- 
tions,  no   Act  passed  by  the     Legislature     shall   be     operative   foi 
ninety  days  after  the  close  of  the  session  of  the  Legislature  enact- 
ing such  measure,   except  such  as  require  earlier  operation  to  pre- 
serve the  public  peace,   health,  or   safety,  or  to  provide   appropria- 
tions for  the  support  and  maintenance  of  the  Departments  of  State 
and  of  State  institutions;   Provided,  that  no  such  emergency  meas- 
ure  shall   be  considered   passed   by   the   Legislature   unless   it   shall 
state  in  a  separate  section  why  it  is  necessary  that  it  shall  become 
immediately    operative,    and    shall    be    approved    by    the    affirmative 
votes  of  two-thirds  of  the  members   elected  to   each   House  of  the 
Legislature,  taken  by  roll  call  of  ayes  and  nays,  and  also  approved 
by  the  Governor;  and  should  such  measure  be  vetoed  by  the  Gov- 
ernor, it  shall  not  become  a  law  unless  it  shall  be  approved  by  the 
votes   of  three-fourths  of  the   members   elected   to    each   House   of 
the  Legislature,  taken  by  roll  call  of  ayes  and  nays. 

(4)  All   petitions   submitted   under   the   power   of   the   Initiative 
shall  be   known  as   Initiative   Petitions,   and   shall  be  filed   with  the 
Secretary   of   State  not   less   than   four   months   preceding  the   date 
of  the  election  at  which  the  measures  so  proposed  are  to  be  voted 
upon.      All   petitions   submitted   under   the   power  of  the   Referen- 
dum   shall   be   known   as   Referendum    Petitions,   and   shall   be  filed 
with  the   Secretary   of   State  not  more   than   ninety   days   after  the 
final    adjournment   of   the    session   of   the   Legislature   which    shall 
have  passed  the  measure  to  which  the  Referendum  is  applied.     The 
filing  of  a  Referendum   Petition  against  any  item,  section,  or  part 
of  any  measure   shall   not  prevent  the   remainder  of   such   measure 
from  becoming  operative. 

(5)  Any   measure   or   amendment   to    the    Constitution   proposed 
under  the  Initiative,  and  any  measure  to  which  the  Referendum  is 
applied,   shall  be   referred  to   a  vote  of  the  qualified  electors,   and 
shall  become  law  when  approved  by  a  majority  of  the  votes  cast 
thereon  and  upon  proclamation  of  the  Governor,  and  not  otherwise. 

(6)  The    veto    power    of    the    Governor    shall    not    extend    to 
Initiative  or  Referendum   measures  approved  by  a  majority  of  the 
qualified  electors. 

(7)  The  whole  number  of  votes  cast  for  all  candidates  for  Gov- 
ernor at  the  general  election  last  preceding  the  filing  of  any  Initia- 
tive or  Referendum  petition  on  a  State  or  county  measure  shall  be 
the  basis  on  which  the  number  of  qualified  electors  required  to  sign 
such  petition  shall  be  computed. 

(8)  The    powers    of  .the    Initiative    and     the     Referendum    are 
hereby    further    reserved    to    the    qualified    electors    of    every    incor- 
porated city,  town,  and  county  as  to  all  local,  city,  town,  or  county 
matters  on  which  such  incorporated  cities,  towns,  and  counties  are 
or  shall  be   empowered   by   general   laws  to   legislate.      Such   incor- 

5 


porated  cities,  towns,  and  counties  may  prescribe  the  manner  of 
exercising  said  powers  within  the  restrictions  of  general  laws.  Un- 
der the  power  of  the  Initiative  fifteen  per  centum  of  the  qualified 
electors  may  propose  measures  on  such  local,  city,  town  or  county 
matters,  and  ten  per  centum  of  the  electors  may  propose  the  Refer- 
endum on  legislation  enacted  within  and  by  such  city,  town,  or 
county.  Until  provided  by  general  law,  said  cities  and  towns  may 
prescribe  the  basis  on  which  said  percentages  shall  be  computed. 

(9)  Every   Initiative  or  Referendum  petition  shall  be  addressed 
to  the  Secretary  of  State  in  the  case  of  petitions  for  or  on    State 
measures,  and  to  the    clerk  of  the  Board  of  Supervisors,  city  clerk, 
or  corresponding  officer  in  the  case  of  petitions  for  or  on  county, 
city,  or  town  measures;   and   shall   contain  the   declaration  of  each 
petitioner,  for  himself,    that  he  is  a  qualified    elector  of    the    State 
(and  in  the  case  of  petitions  for  or  on  city,  town,  or  county  meas- 
ures, of  the  city,  town,  or  county  affected),  his  postoffice  address, 
the   street  and  number,   if  any,  of  his  residence,   and  the  date  on 
which  he  signed   such  petition.      Each   sheet  containing  petitioners' 
signatures  shall  be  attached  to  a  full  and  correct  copy  of  the  title 
and  text  of  the  measure  so  proposed  to  be  initiated  or  referred  to 
the  people,  and  every  sheet  of  every  such  petition  containing  signa- 
tures shall  be  verified  by  the  affidavit  of  the  person  who  circulated 
said  sheet  or  petition,  setting  forth  that  each  of  the  names  on  said 
sheet  was  signed  in  the  presence  of  the  affiant    and  that  in  the  be- 
lief of  the  affiant  each  signer  was    a  qualified  elector  of  the  State, 
or  in  the  case  of  a  city,  town,  or  county  measure,  of  the  city,  town, 
or  county  affected  by  the  measure  so  proposed  to  be  initiated  or 
referred  to  the  people. 

(10)  When  any  Initiative  or  Referendum  petition  or  any  meas- 
ure referred  to  the  people  by  the  Legislature  shall  be  filed,  in  ac- 
cordance  with   this   section,   with   the   Secretary  of   State,   he   shall 
cause  to  be  printed  on  the  official  ballot  at  the  next  regular  general 
election   the   title   and   number   of   said   measure,   together   with   the 
words  "Yes"  and  "No"  in  such  manner  that  the  electors  may  ex- 
press at  the  polls  their  approval  or  disapproval  of  the  measure. 

(11)  The   text  of   all   measures   to   be   submitted   shall   be   pub- 
lished  as   proposed   amendments   to   the    Constitution   are   published, 
and    in    submitting    such    measures    and    proposed    amendments    the 
Secretary  of  State  and  all  other  officers  shall  be  guided  by  the  gen- 
eral law  until  legislation  shall  be  especially  provided  therefor. 

(12)  If    two    or    more    conflicting    measures    or    amendments    to 
the  Constitution  shall  be  approved  by  the  people  at  the  same  elec- 
tion, the  measure  or  amendment   receiving  the  greatest  number  of 
affirmative   votes   shall   prevail   in   all   particulars   as   to   which  there 
is  conflict. 

(13)  It  shall  be  the  duty  of  the  Secretary  of  State,  in  the  pres- 
ence of  the  Governor  and  the  Chief  Justice  of  the  Supreme  Court, 
to    canvass   the   votes    for   and   against    each    such   measure   or   pro- 
posed  amendment   to   the   Constitution   within   thirty   days   after   the 
election,  and  upon  the  completion  of  the  canvass  the  Governor  shall 
forthwith   issue   a  proclamation,   giving  the   whole  number  of  votes 
cast   for    and    against    each    measure   or   proposed    amendment,    and 
declaring  such  measures  or  amendments  as  are  approved  by  a  ma- 
jority of  those  voting  thereon  to  be  law. 

(14)  This  section    shall  not  be  construed   to  deprive  the  Legis- 


lature  of  the  right  to  enact  any  measure. 

(15)  This  section  of  the  Constitution  shall  be,  in  all  respects, 
self-executing. 

SEC.  2.  The  Legislature  shall  provide  a  penalty  for  any  wilfull 
violation  of  any  of  the  provisions  of  the  preceding  section. 

2.      THE    LEGISLATURE. 

SEC.  1.  Until  otherwise  provided  by  law,  the  Senate  shall  con- 
sist of  19  members,  and  the  House  of  Representatives  of  35  mem- 
bers, and  Senators  and  Representatives  shall  be  apportioned  among 
the  several  counties  as  follows: 

Apache  county,  1  Senator,  1  Representative ;  Cochise  county,  2 
Senators,  7  Representatives;  Coconino  county,  1  Senator,  1  Rep- 
resentative; Gila  county,  2  Senators,  3  Representatives;  Graham 
county,  1  Senator,  2  Representatives ;  Greenlee  county,  1  Senator, 
2  Representatives ;  Maricopa  county,  2  Senators,  6  Representatives ; 
Mohave  county,  1  Senator,  1  Representative;  Navajo  county,  1 
Senator,  1  Representative ;  Pima  county,  2  Senators,  3  Representa- 
tives ;  Final  county,  1  Senator,  1  Representative ;  Santa  Cruz 
county,  1  Senator,  1  Representative;  Yavapai  county,  2  Senators,  4 
Representatives;  Yuma  county,  1  Senator,  2  Representatives. 

SEC.  2.  No  person  shall  be  a  member  of  the  Legislature  unless 
he  shall  be  a  citizen  of  the  United  States  at  the  time  of  his  elec- 
tion, nor  unless  he  shall  be  at  least  twenty-five  years  of  age,  and 
shall  have  been  a  resident  of  Arizona  at  least  three  years  and  of 
the  county  from  which  he  is  elected  at  least  one  year  before  his 
election. 

SEC.  3.  The  sessions  of  the  Legislature  shall  be  held  biennially 
at  the  Capitol  of  the  State,  and  except  as  to  the  first  session  thereof, 
shall  commence  on  the  second  Monday  of  January  next  after  the 
election  of  members  of  the  Legislature.  The  first  session  shall 
convene  not  less  than  thirty  nor  more  than  sixty  days  after  the  ad- 
mission of  the  State  into  the  Union.  The  Governor  may  call  a 
special  session  whenever  in  his  judgment  it  is  advisable.  In  calling 
such  special  session,  the  Governor  shall  specify  the  subjects  to  be 
considered  at  such  session,  and  at  such  session  no  laws  shall  be 
enacted  except  such  as  relate  to  the  subjects  mentioned  in  such  call. 

SEC.  4.  No  person  holding  any  public  office  of  profit  or  trust 
under  the  authority  of  the  United  States,  or  of  this  State,  shall  be 
a  member  of  the  Legislature;  Provided,  that  appointments  in  the 
State  militia  and  the  offices  of  notary  public,  justice  of  the  peace, 
United  States  commissioner,  and  postmaster  of  the  fourth  class, 
shall  not  work  disqualification  for  membership  within  the  meaning 
of  this  section. 

SEC.  5.  No  member  of  the  Legislature,  during  the  term  for  which 
he  shall  have  been  elected,  shall  be  appointed  or  elected  to  any 
civil  office  of  profit  under  this  State,  which  shall  have  been  created, 
or  the  emoluments  of  which  shall  have  been  increased,  during  said 
term. 

SEC.  6.  Members  of  the  Legislature  shall  be  privileged  from  ar- 
rest in  all  cases  except  treason,  felony,  and  breach  of  the  peace, 
and  they  shall  not  be  subject  to  any  civil  process  during  the  session 
of  the  Legislature,  nor  for  fifteen  days  next  before  the  commence- 
ment of  each  session. 

SEC.  7..  No  member  of  the  Legislature  shall  be  liable  in  any  civil 
or  criminal  prosecution  for  words  spoken  in  debate. 

7 


SEC.  8.  Each  House,  when  assembled,  shall  choose  its  own  of- 
ficers, judge  of  the  election  and  qualification  of  its  own  members, 
and  determine  its  own  rules  of  procedure. 

SEC.  9.  The  majority  of  the  members  of  each  House  shall  con- 
stitute a  quorum  to  do  business,  but  a  smaller  number  may  meet, 
adjourn  from  day  to  day,  and  compel  the  attendance  of  absent  mem- 
bers, in  such  manner  and  under  such  penalties  as  each  House  may 
prescribe.  Neither  House  shall  adjourn  for  more  than  three  days, 
nor  to  any  place  other  than  that  in  which  it  may  be  sitting,  without 
the  consent  of  the  other. 

SEC.  10.  Each  House  shall  keep  a  journal  of  its  proceedings,  and 
at  the  request  of  two  members  the  ayes  and  nays  on  roll  call  on 
any  question  shall  be  entered. 

SEC.  11.  Each  House  may  punish  its  members  for  disorderly  be- 
havior, and  may,  with  the  concurrence  of  two-thirds  of  its  members, 
expel  any  member. 

SEC.  12.  Every  bill  shall  be  read  by  sections  on  three  different 
days,  unless  in  case  of  emergency,  two-thirds  of  either  House  deem 
it  expedient  to  dispense  with  this  rule ;  but  the  reading  of  a  bill  by 
sections  on  its  final  passage  shall  in  no  case  be  dispensed  with,  and 
the  vote  on  the  final  passage  of  any  bill  or  joint  resolution  shall  be 
taken  by  ayes  and  nays  on  roll  call.  Every  measure  when  finally 
passed  shall  be  presented  to  the  Governor  for  his  approval  or  disap- 
proval. 

SEC.  13.  Every  Act  shall  embrace  but  one  subject  and  matters 
properly  connected  therewith,  which  subject  shall  be  experssed  in 
the  title;  but  if  any  subject  shall  be  embraced  in  an  Act  which  shall 
not  be  expressed  in  the  title,  such  Act  shall  be  void  only  as  to  so 
much  thereof  as  shall  not  be  embraced  in  the  title. 

SEC.  14.  No  Act  or  section  thereof  shall  be  revised  or  amended 
by  mere  reference  to  the  title  of  such  Act,  but  the  Act  or  sec- 
tion as  amended  shall  be  set  forth  and  published  at  full  length. 

SEC.  15.  A  majority  of  all  members  elected  to  each  House  shall 
be  necessary  to  pass  any  bill,  and  all  bills  so  passed  shall  be  signed 
by  the  presiding  officer  of  each  House  in  open  session. 

SEC.  16.  Any  member  of  the  Legislature  shall  have  the  right  to 
protest  and  have  the  reasons  of  his  protest  entered  on  the  journal. 

SEC.  17.  The  Legislature  shall  never  grant  any  extra  compensa- 
tion to  any  public  officer,  agent,  servant,  or  contractor,  after  the 
services  shall  have  been  rendered  or  the  contract  entered  into,  nor 
shall  the  compensation  of  any  public  officer  be  increased  or  dimin- 
ished during  his  term  of  office. 

SEC.  18.  The  Legislature  shall  direct  by  law  in  what  manner 
and  in  what  courts  suits  may  be  brought  against  the  State. 

SEC.  19.  No  local  or  special  laws  shall  be  enacted  in  any  of  the 
following  cases,  that  is  to  say: 

1.  Granting  divorces. 

2.  Locating  or  changing  county  seats. 

3.  Changing  rules  of  evidence. 

4.  Changing  the  law  of  descent  or  succession. 

5.  Regulating  the  practice  of  courts  of  justice. 

6.  Limitation  of  civil  actions  or  giving  effect  to   informal  or  in- 
valid deeds. 

7.  Punishment  of  crimes   and   misdemeanors. 


8.  Laying  out,  opening,  altering,  or  vacating  roads,  plats,  streets, 
alleys,  and  public  squares. 

9.  Assessment  and  collection  of  taxes. 

10.  Regulating  the  rate  of  interest  on  money. 

11.  The  conduct  of  elections. 

12.  Affecting  the  estates  of  deceased  persons  or  of  minors. 

13.  Granting  to   any  corporation,   association,   or   individual,   any 
special  or  exclusive  privileges,  immunities,  or  franchises. 

14.  Remitting  fines,  penalties,  and  forfeitures. 

15.  Changing  names  of  persons  or  places. 

16.  Regulating    the    jurisdiction    and    duties    of    justices    of    the 
peace. 

17.  Incorporation  of  cities,  towns,  or  villages,  or  amending  their 
charters. 

18.  Relinquishing  any  indebtedness,  liability,  or  obligation  to  this 
State. 

19.  Summoning   and   empanelling  of  juries. 

20.  When  a  general  law  can  be  made  applicable. 

SEC.  20.  The  general  appropriation  bill  shall  embrace  nothing 
but  appropriations  for  the  different  departments  of  the  State,  for 
State  institutions,  for  public  schools,  and  for  interest  on  the  public 
debt.  All  other  appropriations  shall  be  made  by  separate  bills, 
each  embracing  but  one  subject. 

SEC.  21.  The  members  of  the  first  Legislature  shall  hold  office 
until  the  first  Monday  in  January,  1913.  The  terms  of  office  of 
the  members  of  succeeding  Legislatures  shall  be  two  years. 

SEC.  22.  Until  otherwise  provided  by  law,  members  of  the  Leg- 
islature shall  receive  seven  dollars  per  day ;  Provided,  however,  that 
they  shall  receive  such  salary  for  a  period  not  to  exceed  sixty  days 
in  any  one  session.  They  shall  also  receive  mileage  one  way,  by 
the  shortest  practicable  route,  at  the  rate  of  twenty  cents  per  mile. 

SEC.  23.  It  shall  not  be  lawful  for  any  person  holding  public 
office  in  this  State  to  accept  or  use  a  pass  or  to  purchase  trans- 
portation from  any  railroad  or  other  corporation,  other  than  as 
such  transportation  may  be  purchased  by  the  general  public;  Pro- 
vided, that  this  shall  not  apply  to  members  of  the  National  Guard 
of  Arizona  traveling  under  orders.  The  Legislature  shall  enact 
laws  to  enforce  this  provision. 

SEC.  24.  The  enacting  clause  of  every  bill  enacted  by  the  Leg- 
islature shall  be  as  follows :  "Be  it  enacted  by  the  Legislature  of 
the  State  of  Arizona,"  or  when  the  Initiative  is  used :  "Be  it 
enacted  by  the  People  of  the  State  of  Arizona." 


ARTICLE  V. 
EXECUTIVE    DEPARTMENT. 

SEC.  1 .  The  Executive  Department  of  the  State  shall  consist 
of  Governor,  Secretary  of  State,  State  Auditor,  State  Treasurer, 
Attorney-General,  and  Superintendent  of  Public  Instruction,  each  of 
whom  shall  hold  his  office  for  two  years  beginning  on  the  first 
Monday  of  January  next  after  his  election,  except  that  the  terms 
of  office  of  those  elected  at  the  election  provided  for  in*the  Enabling 
Act  approved  June  20,  1910,  shall  begin  when  the  State  shall  be 
admitted  into  the  Union,  and  shall  end  on  the  first  Monday  in  Jan- 

9 


uary,  A.D.    1913,  or  when  their  successors  are  elected  and  qualify. 

The  persons,  respectively,  having  the  highest  number  of  votes 
cast  for  the  office  voted  for  shall  be  elected;  but  if  two  or  more 
persons  shall  have  an  equal  and  the  highest  number  of  votes  for 
any  one  of  said  offices,  the  two  Houses  of  the  Legislature  at  its 
next  regular  session  shall  elect  forthwith,,  by  joint  ballot,  one  of 
such  persons  for  said  office. 

The  officers  of  the  Executive  Department  during  their  terms  of 
office  shall  reside  at  the  seat  of  government,  where  they  shall  keep 
their  offices  and  the  public  records,  books,  and  papers.  They  shall 
perform  such  duties  as  are  prescribed  by  this  Constitution  and  as 
may  be  provided  by  law. 

SEC.  2.  No  person  shall  be  eligible  to  any  of  the  offices  men- 
tioned in  Section  1  of  this  article  except  a  male  person  of  the  age 
of  not  less  than  twenty-five  years,  who  shall  have  been  for  ten 
years  next  preceding  his  election  a  citizen  of  the  United  States, 
and  for  five  years  next  preceding  his  election  a  citizen  of  Arizona. 

SEC.  3.  The  Governor  shall  be  commander-in-shief  of  the  mili- 
tary forces  of  the  State,  except  when  such  forces  shall  be  called 
into  the  service  of  the  United  States. 

SEC.  4,  The  Governor  shall  transact  all  executive  business  with 
the  officers  of  the  Government,  civil  and  military,  and  may  require 
information  in  writing  from  the  officers  in  the  Executive  Depart- 
ment upon  any  subject  relating  to  the  duties  of  their  respective  of- 
fices. He  shall  take  care  that  the  laws  be  faithfull  executed.  He 
may  convene  the  Legislature  in  extraordinary  session.  He  shall 
communicate,  by  message,  to  the  Legislature  at  every  session  the 
condition  of  the  State,  and  recommend  such  matters  as  he  shall 
deem  expedient. 

SEC.  5.  The  Governor  shall  have  power  to  grant  reprieves,  com- 
mutation, and  pardons,  after  convictions,  for  all  offenses  except 
treason  and  cases  of  impeachment,  upon  such  conditions  and  with 
such  restrictions  and  limitations  as  may  be  provided  by  law. 

SEC.  6.  In  case  of  the  impeachment  of  the  Governor,  or  his 
removal  from  office,  death,  inability  to  discharge  the  duties  of  his 
office,  resignation,  or  absence  from  the  State,  the  powers  and  duties 
of  the  office  shall  devolve  upon  the  Secretary  of  State  until  the  dis- 
ability ceases,  or  during  the  remainder  of  the  term. 

SEC.  7.  Every  bill  passed  by  the  Lgislature,  before  it  becomes 
a  law,  shall  be  presented  to  the  Governor.  If  he  approve,  he  shall 
sign  it,  and  it  shall  become  a  law  as  provided  in  this  Constitution. 
But  if  he  disapprove,  he  shall  return  it,  with  his  objections,  to  the 
House  in  which  it  originated,  which  shall  enter  the  objections  at 
large  on  the  journal.  If  after  reconsideration  it  again  passes  both 
Houses  by  an  aye  and  nay  vote  on  roll  call  of  two-thirds  of  the 
members  elected  to  each  House,  it  shall  become  a  law  as  provided 
in  this  Constitution,  notwithstanding  the  Governor's  objections.  This 
Section  shall  not  apply  to  emergency  measures  as  referred  to  in 
Section  1  of  the  Article  on  the  Legislative  Department. 

If  any  bill  be  not  returned  within  five  days  after  it  shall  have 
been  presented  to  the  Governor  (Sunday  excepted)  such  bill  shall 
become  a  Iaw0  in  like  manner  as  if  he  had  signed  it,  unless  the  Leg- 
islature by  its  final  adjournment  prevents  its  return,  in  which  case 
it  shall  be  filed  with  his  objections  in  the  office  of  the  Secretary 
of  State  within  ten  days  after  such  adjournment  (Sundays  ex- 

10 


cepted)  or  become  a  law  as  provided  in  this  Constitution.  After 
the  final  action  by  the  Governor,  or  following  the  adoption  of  a 
bill  notwithstanding  his  objection,  it  shall  be  filed  with  the  Secre- 
tary of  State. 

If  any  bill  presented  to  the  Governor  contains  several  items  of 
appropriations  of  money,  he  may  object  to  one  or  more  of  such 
items,  while  approving  other  portions  of  the  bill.  In  such  case 
he  shall  append  to  the  bill  at  the  time  of  signing  it,  a  statement 
of  the  item  or  items  which  he  declines  to  approve,  together  with 
his  reasons  therefor,  and  such  item  or  items  shall  not  take  effect 
unless  passed  over  the  Governor's  objections  as  in  this  section  pro- 
vided. 

The  veto  power  of  the  Governor  shall  not  extend  to  any  bill 
passed  by  the  Legislature  and  referred  to  the  people  for  adoption 
or  rejection. 

SEC.  8.  When  any  office  shall,  from  any  cause,  become  va- 
cant, and  no  mode  shall  be  provided  by  the  Constitution  or  by  law, 
for  filling  such  vacancy,  the  Governor  shall  have  the .  power  to  fill 
such  vacancy  by  appointment. 

SEC.  9.  The  powers  and  duties  of  Secretary  of  State,  State 
Treasurer,  State  Auditor,  Attorney-General,  and  Superintendent  of 
Public  Instruction  shall  be  as  prescribed  by  law. 

SEC.  10.  No  person  shall  be  eligible  to  succeed  himself  to  the 
office  of  State  Treasurer  for  the  succeeding  two  years  after  the 
expiration  of  the  term  for  which  he  shall  have  been  elected. 

SEC.  11.  The  returns  of  the  election  for  all  State  officers  shall 
be  canvassed,  and  certificates  of  election  issued  by  the  Secretary  of 
State,  in  such  manner  as  may  be  provided  by  law. 

SEC.  12.  All  commissions  shall  issue  in  the  name  of  the  State, 
and  shall  be  signed  by  the  Governor,  sealed  with  the  seal  of  the 
State,  and  attested  by  the  Secretary  of  State. 

SEC.  13.  Until  otherwise  provided  by  law  the  salaries  of  the 
State  officers  shall  be  as  follows: 

Governor,   four  thousand  dollars  per  annum. 

Secretary  of  State,  three  thousand  five  hundred  dollars  per  an- 
num. 

State  Auditor,  three  thousand  dollars  per  annum. 

State  Treasurer,  three  thousand  dollars  per  annum. 

Attorney-General,    twenty-five    hundred    dollars    per    annum. 

Superintendent  of  Public  Instruction,  twenty-five  hundred  dol- 
lars per  annum. 


ARTICLE  VI. 
JUDICIAL  DEPARTMENT. 

SEC.  1.  The  judicial  power  of  the  State  shall  be  vested  in  a 
supreme  court,  superior  courts,  justices  of  the  peace,  and  such 
courts  inferior  to  the  superior  courts  as  may  be  provided  by  law. 

SEC.  2.  The  Supreme  Court  shall  consist  of  three  judges,  a  ma- 
jority of  whom  shall  be  necessary  to  form  a  quorum  and  pro- 
nounce a  decision.  The  said  court  shall  always  be  open  for  the 
transaction  of  business,  except  on  non- judicial  days.  In  the  de- 
termination of  causes,  all  decisions  of  the  court  shall  be  given  in 
writing,  and  the  grounds  of  the  decisions  shall  be  stated.  The 

ii 


number  of  judges  may  be  increased  or  diminished  from  time  to 
time  by  law;  Provided,  that  said  court  shall  at  all  times  be  con- 
stituted of  at  least  three  judges. 

Ssc.  3.  Judges  of  the  Supreme  Court  shall  be  elected  at  the 
general  election  to  be  held  under  the  provisions  of  the  Enabling 
Act  approved  June  20,  1910.  Their  term  of  office  shall  be  co- 
terminous with  that  of  the  Governor  of  the  State  elected  at  the 
same  time,  and  the  one  receiving  the  highest  number  of  votes  shall 
be  the  chief  justice.  At  the  first  general  State  election  thereafter, 
held  under  this  Constitution,  at  which  a  Governor  is  voted  for,  three 
judges  of  the  Supreme  Court  shall  be  elected,  and  the  judges 
elected  thereat  shall  be  classified  by  lot,  so  that  one  shall  hold  of- 
fice for  a  term  of  six  years,  one  for  a  term  of  four  years,  and  one 
for  a  term  of  two  years,  from  and  after  the  first  Monday  in  Jan- 
uary next  succeeding  said  election.  The  lot  shall  be  drawn  by 
the  judges-elect,  who  shall  assemble  for  that  purpose  at  the  State 
Capitol,  and  shall  cause  the  results  to  be  certified  to  the  Secre- 
tary of  State,  who  shall  file  the  same  in  his  office. 

The  judge  having  the  shortest  time  to  serve,  and  not  holding 
his  office  by  appointment  or  by  election  to  fill  a  vacancy,  shall  be 
the  chief  justice,  and  shall  preside  at  all  sessions  of  the  Supreme 
Court.  In  case  of  absence  of  the  chief  justice,  the  judge  having 
in  like  manner  the  shortest  time  to  serve  shall  preside. 

After  the  first  State  election  one  judge  shall  be  elected  every 
two  years  at  the  general  election,  and  the  term  of  the  judge  elected 
shall  be  six  years  from  and  after  the  first  Monday  in  January  next 
succeeding  his  election,  and  judges  so  elected  shall  hold  office  until 
their  successors  are  elected  and  qualify. 

If  a  vacancy  occur  in  the  office  of  judge  of  the  Supreme  Court, 
the  Governor  shall  appoint  a  person  to  fill  such  vacancy  until  the 
election  and  qualification  of  a  judge  to  hold  said  office,  which  elec- 
tion shall  take  place  at  the  next  succeeding  general  election,  and 
the  person  so  elected  shall  hold  office  for  the  remainder  of  the  tin- 
expired  term. 

Whenever  for  any  reason  any  judge  shall  be  disqualified  from 
acting  in  any  cause  brought  before  said  court,  the  remaining 
judges  of  said  court  shall  call  one  of  the  judges  of  the  Superior 
Court  to  sit  with  them  on  the  hearing  of  said  cause. 

The  sessions  of  the  Supreme  Court  shall  be  held  at  the  seat  of 
government. 

The  judges  of  the  Supreme  Court  shall  be  elected  at  the  general 
State  election  by  the  qualified  electors  of  the  State  at  large.  The 
names  of  all  candidates  for  the  office  of  judge  of  the  Supreme 
Court  shall  be  placed  on  the  regular  ballot  in  alphabetical  order 
without  partisan  or  other  designation  except  the  title  of  the  office. 

SEC.  4.  The  Supreme  Court  shall  have  original  jurisdiction  in 
habeas  corpus,  and  quo  warranto  and  mandamus  as  to  all  State 
officers.  It  shall  have  appellate  jurisdiction  in  all  actions  and  pro- 
ceedings, but  its  appellate  jurisdiction  shall  not  extend  to  civil  ac- 
tions at  law  for  recovery  of  money  or  personal  property  where  the 
original  amount  in  controversy,  or  the  value  of  the  property,  does 
not  exceed  the  sum  of  two  hundred  dollars,  unless  the  action  in- 
volves the  validity  of  a  tax,  impost,  assessment,  toll,  municipal  fine, 
or  statute. 

The  Supreme  Court  shall  also  have  power  to  issue  writs  of  man- 

T2 


damus,  review,  prohibition,  habeas  corpus,  certiorari,  and  all  other 
writs  necessary  and  proper  to  the  complete  exercise  of  its  appellate 
and  revisory  jurisdiction. 

The  Supreme  Court  shall  have  original  and  exclusive  jurisdic- 
tion to  hear  and  determine  all  causes  between  counties  concerning 
disputed  boundaries  and  surveys  thereof,  or  concerning  claims  of 
one  county  against  another.  Such  trials  shall  be  to  the  court  with- 
out a  jury. 

Each  judge  of  the  Supreme  Court  shall  have  power  to  issue 
writs  of  habeas  corpus  to  any  part  of  the  State  upon  petition  by, 
or  on  behalf  of,  any  person  held  in  actual  custody,  and  may  make 
such  writs  returnable  before  himself,  or  before  the  Supreme  Court, 
or  before  any  superior  court  of  the  State  or  any  judge  thereof. 

SEC.  5.  There  shall  be  in  each  of  the  organized  counties  of  the 
State  a  superior  court,  for  which  at  least  one  judge  shall  be  elected 
by  the  qualified  electors  of  the  county  at  the  general  election;  Pro- 
vided, that  for  each  county  having  a  census  enumeration  greater 
than  thirty  thousand  inhabitants,  one  judge  of  the  superior  court 
for  every  additional  thirty  thousand  inhabitants,  or  majority  frac- 
tion thereof,  may  be  provided  by  law.  In  any  county  where  there 
shall  be  more  than  one  judge  of  the  superior  court,  there  may  be 
as  many  sessions  of  the  superior  court  at  the  same  time  as  there 
are  judges  thereof,  and  the  business  of  the  court  shall  be  so  dis- 
tributed and  assigned  by  law,  or  in  the  absence  of  legislation  there- 
for, by  such  rules  and  orders  of  the  court  as  shall  best  promote 
and  secure  the  convenient  and  expeditious  transaction  thereof. 

The  judgments,  decrees,  orders,  and  proceedings  of  any  session 
of  the  superior  court  held  by  any  one  or  more  of  the  judges  of 
such  court  shall  be  equally  effectual  as  if  all  the  judges  of  said 
court  had  presided  at  such  session. 

The  first  judges  of  the  superior  court  shall  be  elected  at  the  gen- 
eral election  to  be  held  under  the  provisions  of  the  Enabling  Act  ap- 
proved June  20,  1910.  Their  term  of  office  shall  be  co-terminous 
with  that  of  the  Governor  of  the  State  elected  at'  the  same  time. 
Thereafter  the  term  of  office  of  all  judges  of  the  superior  court 
shall  be  four  years,  from  and  after  the  first  Monday  in  January 
next  succeeding  their  election  and  until  their  successors  are 
elected  and  qualify. 

All  judges  of  the  superior  court  shall  be  elected  at  the  general 
State  election  by  the  qualified  electors  of  their  respective  counties. 
The  names  of  all  candidates  for  the  office  of  judge  of  the  superior 
court  shall  be  placed  on  the  regular  ballot  in  alphabetical  order, 
without  any  partisan  or  other  designation  except  the  title  of  the 
office.  If  a  vacancy  occur  in  the  office  of  judge  of  the  superior 
court,  the  Governor  shall  appoint  a  person  to  fill  the  vacancy  until 
the  election  and  qualification  of  a  judge  to  hold  said  office,  which 
election  shall  be  at  the  next  succeeding  general  election,  and  the 
judge  so  elected  shall  hold  office  for  the  remainder  of  the  unex- 
pired  term. 

SEC.  6.  The  superior  court  shall  have  original  jurisdiction  in 
all  cases  of  equity  and  in  all  cases  at  law  which  involve  the  title 
to,  or  the  possession  of,  real  property,  or  the  legality  of  any  tax, 
impost,  assessment,  toll,  or  municipal  fine,  and  in  all  other  cases 
in  which  the  demand,  or  the  value  of  the  property  in  controversy 
amounts  to  two  hundred  dollars  exclusive  of  interest  and  costs,  and 

13 


in  all  criminal  cases  amounting  to  felony,  and  in  all  cases  of  mis- 
demeanor not  otherwise  provided  for  by  law ;  of  actions  of  forci- 
ble entry  and  detainer;  of  proceedings  in  insolvency;  of  actions  to 
prevent  or  abate  nuisance;  of  all  matters  of  probate;  of  divorce  and 
for  annulment  of  marriage;  and  for  such  special  cases  and  pro- 
ceedings as  are  not  otherwise  provided  for. 

The  superior  court  shall  also  have  original  jurisdiction  in  all 
cases  and  of  all  proceedings  in  which  jurisdiction  shall  not  have 
been  by  law  vested  exclusively  in  some  other  court;  and  said  court 
shall  have  the  power  of  naturalization  and  to  issue  papers  there- 
for. Said  court  shall  have  such  appellate  jurisdiction  in  cases 
arising  in  justices'  and  other  inferior  courts  in  their  respective 
counties  as  may  be  prescribed  by  law.  The  process  of  said  court 
shall  extend  to  all  parts  of  the  State. 

The  superior  court  shall  have  exclusive  original  jurisdiction  in 
all  proceedings  and  matters  affecting  dependent,  neglected,  incor- 
rigible, or  delinquent  children,  or  children  accused  of  crime,  un- 
der the  age  of  eighteen  years.  The  judges  of  said  courts  must 
hold  examinations  in  chambers  of  all  such  children  concerning 
whom  proceedings  are  brought,  in  advance  of  any  criminal  prosecu- 
tion of  such  children,  and  shall  have  the  power,  in  their  discretion, 
to  suspend  criminal  prosecution  for  any  offenses  that  may  have 
been  committeed  by  such  children.  The  powers  of  said  judges  to 
control  such  children  shall  be  as  prescribed  by  law. 

The  superior  court  shall  at  all  times,  except  on  non- judicial  days, 
be  open  for  the  determination  of  non- jury  civil  causes  and  for  the 
transaction  of  business.  For  the  determination  of  civil  causes  and 
matters  in  which  a  jury  demand  has  been  entered,  and  for  the 
trial  of  criminal  causes,  a  trial  jury  shall  be  drawn  and  summoned 
from  the  body  of  the  county  at  least  three  times  a  year. 

Superior  courts  and  their  judges  shall  have  the  power  to  issue 
writs  of  mandamus,  quo  warranto,  review,  certiorari,  prohibition, 
and  writs  of  habeas  corpus  on  petition  by,  or  on  behalf  of,  any 
person  in  actual  custody  in  their  respective  counties.  Injunctions, 
attachments,  and  writs  of  prohibition  and  of  habeas  corpus  may  be 
issued  and  served  on  legal  holidays  and  non-judicial  days.  Grand 
juries  shall  be  drawn  and  summoned  only  by  order  of  the  superior 
court. 

SEC.  7.  The  judge  of  any  superior  court  may  hold  a  superior 
court  in  any  county  at  the  request  of  the  judge  of  the  superior  court 
thereof,  and,  in  case  of  the  disqualification  or  the  inability  of  the 
judge  thereof  to  serve,  and  upon  the  request  of  the  Governor,  shall 
do  so. 

S^c.  8.  Any  judicial  officer  who  shall  absent  himself  from  the 
State  for  more  than  sixty  consecutive  days  shall  be  deemed  to 
have  forfeited  his  office;  Provided,  that  in  case  of  extreme  neces- 
sity, the  Governor  may  extend  the  leave  of  absence  such  time  as 
the  necessity  therefor  shall  exist. 

SEC.  9.  The  number  of  justices  of  the  peace  to  be  elected  in 
incorporated  cities  and  towns,  and  in  precincts,  and  the  powers, 
duties,  and  jurisdiction  of  justices  of  the  peace,  shall  be  provided 
by  law ;  Provided,  that  such  jurisdiction  granted  shall  not  trench 
upon  the  jurisdiction  of  any  court  of  record,  except  that  said  jus- 
tices shall  have  concurrent  jurisdiction  with  the  superior  court  in 
cases  of  forcible  entry  and  detainer,  where  the  rental  value  does 

14 


not  exceed  twenty-five  dollars  per  month,  and  where  the  whole 
amount  of  damage  claimed  does  not  exceed  two  hundred  dollars ; 
and  Provided  that  justices  of  the  peace  may  be  made  police  jus- 
tices of  incorporated  cities  and  towns.  Prosecution  may  be  insti- 
tuted in  courts  other  than  courts  of  record  upon  sworn  complaint. 

SEC.  10.  The  Supreme  Court  and  superior  courts  shall  be  courts 
of  record.  Other  courts  of  record  may  be  established  by  law,  but 
courts  of  justices  of  the  peace  shall  not  be  courts  of  record. 

The  salaries  of  the  judges  of  the  Supreme  Court  shall  be  paid 
by  the  State.  One-half  of  the  salary  of  each  of  the  judges  of  the 
superior  court  shall  be  paid  by  the  State,  and  the  other  one-half 
by  the  county  for  which  he  is  elected.  Until  otherwise  provided 
by  law,  each  of  the  judges  of  the  Supreme  Court  shall  receive  an 
annual  salary  of  five  thousand  dollars.  Until  otherwise  provided 
by  law,  the  judges  of  the  superior  courts  in  and  for  the  counties 
of  Maricopa,  Pima,  Yavapai,  Gila,  and  Cochise  shall  each  receive 
four  thousand  dollars  per  annum ;  the  judge  of  the  superior  court 
in  and  for  the  county  of  Greenlee  shall  receive  three  thousand  five 
hundred  dollars  per  annum;  and  the  judges  of  the  superior  courts 
in  and  for  the  counties  of  Coconino,  Apache,  Navajo,  Santa  Cruz, 
Yuma,  Pinal,  Graham,  and  Mohave  shall  each  receive  three 
thousand  dollars  per  annum. 

SEC.  11.  Judges  of  the  Supreme  Court  and  judges  of  the 
superior  courts  shall  not  be  eligible  to  any  office  or  public  employ- 
ment other  than  a  judicial  office  of  employment,  during  the  term 
for  which  they  shall  have  been  elected. 

SEC.  12.  Judges  shall  not  charge  juries  with  respect  to  matters 
of  fact  nor  comment  thereon,  but  shall  declare  the  law. 

No  judge  of  a  court  of  record  shall  practice  law  in  any  court 
in  this  State  during  his  continuance  in  office. 

SEC.  13.  No  person  shall  be  eligible  for  the  office  of  judge  of 
the  Supreme  Court,  unless  he  shall  be  learned  in  the  law,  at  least 
thirty  years  of  age,  and  shall  have  been  a  judge  of,  or  admitted 
to  practice  before,  the  highest  court  of  Arizona  for  at  least  five 
years,  and  shall  have  been  a  resident  of  Arizona  for  five  years 
next  preceding  his  election. 

No  person  shall  be  eligible  for  the  office  of  judge  of  the  superior 
court,  unless  he  shall  be  learned  in  the  law,  at  least  twenty-five 
years  of  age,  and  shall  have  been  admitted  to  practice  before  the 
highest  court  of  Arizona  for  at  least  two  years  and  shall  have 
been  a  resident  of  Arizona  for  two  years  next  preceding  his  elec- 
tion. 

SEC.  14.  The  judges  of  the  Supreme  Court  shall  appoint  a  re- 
porter for  the  decisions  of  that  court,  who  shall  be  removable  at 
their  pleasure.  He  shall  receive  such  annual  salary  as  may  be 
prescribed  by  law;  and  the  Supreme  Court  shall  have  the  power  to 
fix  said  salary  until  such  salary  shall  be  determined  by  law. 

SEC.  15.  Every  case  submitted  to  the  judge  of  a  superior  court 
for  his  decision  shall  be  decided  within  sixty  days  from  the  sub- 
mission thereof;  Provided,  that  if  within  said  period  of  sixty  days, 
a  rehearing  shall  have  been  ordered,  the  period  within  which  he 
must  decide  shall  commence  at  the  time  the  case  is  submitted  on 
such  rehearing. 

SEC.    16.     Provisions   for   the   speedy   publication   of   the  opinions 

15 


of  the  Supreme  Court  shall  be  made  by  law,  and  all  opinions  shall 
be  free  for  publication  by  any  person. 

SEC.  17.  The  judges  of  the  Supreme  Court  shall  appoint  a 
clerk  of  that  court,  who  shall  be  removable  at  their  pleasure  and 
shall  receive  such  compensation,  by  salary  only,  as  may  be  pro- 
vided by  law;  and  the  Supreme  Court  shall  have  power  to  fix  said 
salary  until  such  salary  shall  be  determined  by  law. 

SBC.  18.  There  shall  be  elected  in  each  county,  by  the  qualified 
electors  thereof,  at  the  time  of  the  election  of  judges  of  the 
superior  court  thereof,  a  clerk  of  the  superior  court,  for  a  term  of 
four  years,  who  shall  have  such  powers  and  perform  such  duties 
and  receive  such  compensation,  by  salary  only,  as  shall  be  pro- 
vided by  law.  Until  such  salary  shall  be  fixed  by  law  the  board 
of  supervisors  shall  fix  such  salary.  The  term  of  the  first  clerk 
elected  shall  be  co-terminous  with  that  of  the  judge  of  said  county. 

SEC.  19.  The  judges  of  superior  courts  may  appoint  such  court 
commissioners  in  their  respective  counties  as  may  be  deemed  neces- 
sary, who  shall  have  such  powers  and  perform  such  duties  and  re- 
ceive such  compensation  as  may  be  provided  by  law. 

SEC.  20.  The  style  of  all  process  shall  be  "The  State  of  Ari- 
zona," and  all  prosecutions  shall  be  conducted  in  the  name  of  the 
State  of  Arizona  and  by  its  authority. 

SEC.  21.  Every  judge  of  the  Supreme  Court  and  every  judge 
of  the  superior  court  shall,  before  entering  upon  the  duties  of  his 
office,  take  and  subscribe  an  oath  that  he  will  support  the  Con- 
stitution of  the  United  States  and  the  Constitution  of  the  State  of 
Arizona,  and  will  faihfully  and  impartially  discharge  the  duties  of 
judge  to  the  best  of  his  ability,  which  oath  shall  be  filed  in  the  of- 
fice of  the  Secretary  of  State. 

SEC.  22.  The  pleadings  and  proceedings  in  criminal  causes  in 
the  courts  shall  be  as  provided  by  law.  No  cause  shall  be  reversed 
for  technical  error  in  pleading  or  proceedings  when  upon  the  whole 
case  it  shall  appear  that  substantial  justice  has  been  done. 

SEC.  23.  All  laws  relating  to  the  authority,  jurisdiction,  prac- 
tice, and  procedure  of  district  and  probate  courts  under  laws  here- 
tofore enacted  by  the  Legislative  Assembly  of  the  Territory  of 
Arizona  and  in  force  at  the  time  of  the  admission  of  the  State  into 
the  Union,  and  not  inconsistent  with  this  Constitution,  shall,  so  far 
as  applicable,  apply  to  and  govern  superior  courts,  until  altered  or 
repealed.  Until  otherwise  provided,  superior  courts  shall  have  the 
same  appellate  jurisdiction  in  cases  arising  in  courts  of  justices  of 
the  peace  as  district  courts  now  have  under  said  laws. 

SEC.  24.  No  change  made  by  the  Legislature  in  the  number  of 
judges  shall  work  the  removal  of  any  judge  from  office;  and  no 
judge's  salary  shall  be  reduced  during  the  term  of  office  for  which 
he  was  elected. 


ARTICLE   VII. 

SUFFRAGE    AND   ELECTIONS. 


SEC.  1.  All  elections  by  the  people  shall  be  by  ballot,  or  by 
such  other  method  as  may  be  prescribed  by  law;  Provided,  that 
secrecy  in  voting  shall  be  preserved. 

SEC.  2.  No  person  shall  be  entitled  to  vote  at  any  general  elec- 

16 


tion,  or  for  any  office  that  now  is,  or  hereafter  may  be,  elective 
by  the  people,  or  upon  any  question  which  may  be  submitted  to 
a  vote  of  the  people,  except  school  elections  as  provided  in  Sec- 
tion 8  of  this  Article,  unless  such  person  be  a  male  citizen  of  the 
\Jnited  States  of  the  age  of  twenty-one  years  or  over,  and  shall 
have  resided  in  the  State  one  year  immediately  preceding  such 
election. 

No  person  under  guardianship,  non  compos  mentis,  or  insane, 
shall  be  qualified  to  vote  at  any  election,  nor  shall  any  person  con- 
victed of  treason  or  felony  be  qualified  to  vote  at  any  election  un- 
less restored  to  civil  rights. 

SEC.  3.  For  the  purpose  of  voting,  no  person  shall  be  deemed 
to  have  gained  or  lost  a  residence  by  reason  of  his  presence  or 
absence  while  employed  in  the  service  of  the  United  States,  or 
while  a  student  at  any  institution  of  learning,  or  while  kept  at 
any  alms-house  or  other  asylum  at  public  expense,' or  while  con- 
fined in  any  public  jail  or  prison. 

SEC.  4.  Electors  shall  in  all  cases,  except  treason,  felony,  or 
breach  of  the  peace,  be  privileged  from  arrest  during  their  at- 
tendance at  any  election,  and  in  going  thereto  and  returning  there- 
from. 

SEC.  5.  No  elector  shall  be  obliged  to  perform  military  duty  on 
the  day  of  an  election,  except  in  time  of  war  or  public  danger. 

SEC.  6.  No  soldier,  seaman,  or  marine,  in  the  army  or  navy  of 
the  United  States  shall  be  deemed  a  resident  of  this  State  in  con- 
sequence of  his  being  stationed  at  any  military  or  naval  place 
within  this  State. 

SEC.  7.  In  all  elections  held,  by  the  people,  in  this  State,  the 
person,  or  persons,  receiving  the  highest  number  of  legal  votes 
shall  be  declared  elected. 

SEC.  8.  Qualifications  for  voters  at  school  elections  shall  be 
as  are  now,  or  as  may  hereafter  be,  provided  by  law. 

SEC.  9.  For  the  purpose  of  obtaining  an  advisory  vote  of  the 
people,  the  Legislature  shall  provide  for  placing  the  names  of  can- 
didates for  United  States  Senator  on  the  official  ballot  at  the  gen- 
eral election  next  preceding  the  election  of  a  United  States  Senator. 

SEC.  10.  The  Legislature  shall  enact  a  direct  primary  election 
law,  which  shall  provide  for  the  nomination  of  candidates  for  all 
elective,  State,  county,  and  city  offices,  including  candidates  for 
United  States  Senator  and  for  Representative  in  Congress. 

SEC.  11.  There  shall  be  a  general  election  of  Representatives 
in  Congress,  and  of  State,  county,  and  precinct  officers  on  the 
first  Tuesday  after  the  first  Monday  in  November  of  the  first 
even  numbered  year  after  the  year  in  which  Arizona  is  admitted 
to  Statehood  and  biennially  thereafter. 

SEC.  12.  There  shall  be  enacted  registration  and  other  laws  to 
secure  the  purity  of  elections  and  guard  against  abuses  of  the 
elective  franchise. 

SEC.  13.  Questions  upon  bond  issues  or  special  assessments 
shall  be  submitted  to  the  vote  of  property  tax-payers,  who  shall 
also  in  all  respects  be  qualified  electors  of  the  State,  and  of  the 
political  subdivision  thereof  affected  by  such  question. 

SEC.  14.  No  fee  shall  ever  be  required  in  order  to  have  the 
name  of  any  candidate  placed  on  the  official  ballot  for  any  election 
or  primary. 

17 


SEC.  15.  Every  male  person  elected  or  appointed  to  any  office 
of  trust  or  profit  under  the  authority  of  the  State  or  of  any  politi- 
cal division  of  the  State,  or  any  male  deputy  of  such  officer,  shall 
be  a  qualified  elector  of  the  political  division  in  which  said  person 
shall  be  elected  or  appointed. 

SEC.  16.  The  Legislature,  at  its  first  session,  shall  enact  a  law 
providing  for  general  publicity,  before  and  after  election,  of  all 
campaign  contributions  to,  and  expenditures  of  campaign  commit- 
tees and  candidates  for  public  office. 


ARTICLE   VIII. 
REMOVAL  FROM  OFFICE. 

1.       RECALL  OF   PUBLIC  OFFICERS. 

SEC.  1.  Every  public  officer  in  the  State  of  Arizona,  holding  an 
elective  office,  either  by  election  or  appointment,  is  subject  to  recall 
from  such  office  by  the  qualified  electors  of  the  electoral  district 
from  which  candidates  are  elected  to  such  office.  Such  electoral 
district  may  include  the  whole  State.  Such  number  of  said  elec- 
tors as  shall  equal  twenty-five  per  centum  of  the  number  of  votes 
cast  at  the  last  preceding  general  election  for  all  of  the  candidates 
for  the  office  held  by  such  officer,  may  by  petition,  which  shall  be 
known  as  a  Recall  Petition,  demand  his  recall. 

SEC.  2.  Every  Recall  Petition  must  contain  a  general  statement, 
in  not  more  than  two  hundred  words,  of  the  grounds  of  such  de- 
mand, and  must  be  filed  in  the  office  in  which  petitions  for  nomina- 
tions to  the  office  held  by  the  incumbent  are  required  to  be  filed. 
The  signatures  to  such  Recall  Petition  need  not  all  be  on  one  sheet 
of  paper,  but  each  signer  must  add  to  his  signature  the  date  of  his 
signing  said  petition,  and  his  place  of  residence,  giving  his  street 
and  number,  if  any,  should  he  reside  in  a  town  or  city.  One  of 
the  signers  of  each  sheet  of  such  petition,  or  the  person  circulating 
such  sheet,  must  make  and  subscribe  an  oath  on  said  sheet,  that 
the  signatures  thereon  are  genuine. 

SEC.  3.  If  said  officer  shall  offer  his  resignation  it  shall  be  ac- 
cepted, and  the  vacancy  shall  be  filled  as  may  be  provided  by  law.  If 
he  shall  not  resign  within  five  days  after  a  Recall  Petition  is  filed, 
a  special  election  shall  be  ordered  to  be  held,  not  less  than  twenty, 
nor  more  than  thirty  days  after  such  order,  to  determine  whether 
such  officer  shall  be  recalled.  On  the  ballots  at  said  election  shall 
be  printed  the  reasons  as  set  forth  in  the  petition  for  demanding 
his  recall,  and,  in  not  more  than  two  hundred  words,  the  officer's 
justification  of  his  course  in  office.  He  shall  continue  to  perform 
the  duties  of  his  office  until  the  result  of  said  election  shall  have 
been  officially  declared. 

SEC.  4.  Unless  he  otherwise  request,  in  writing,  his  name  shall 
be  placed  as  a  candidate  on  the  official  ballot  without  nomination. 
Other  candidates  for  the  office  may  be  nominated  to  be  voted  for 
at  said  election.  The  candidate  who  shall  receive  the  highest  num- 
ber of  votes,  shall  be  declared  elected  for  the  remainder  of  the 
term.  Unless  the  incumbent  receive  the  highest  number  of  votes, 
he  shall  be  deemed  to  be  removed  from  office,  upon  qualification  of 
his  successor.  In  the  event  that  his  successor  shall  not  qualify 
within  five  days  after  the  result  of  said  election  shall  have  been  de- 

18 


clared,  the  said  office  shall  be  vacant,  and  may  be  filled  as  provided 
by  law. 

SEC.  5.  No  Recall  Petition  shall  be  circulated  against  any  of- 
ficer until  he  shall  have  held  his  office  for  a  period  of  six  months, 
except  that  it  may  be  filed  against  a  member  of  the  Legislature  at 
any  time  after  five  days  from  the  beginning  of  the  first  session  after 
his  election.  After  one  Recall  Petition  and  election,  no  further 
Recall  Petition  shall  be  filed  against  the  same  officer  during  the 
term  for  which  he  was  elected,  unless  petitioners  signing  such  peti- 
tion shall  first  pay  into  the  public  treasury  which  has  paid  such 
election  expenses,  all  expenses  of  the  preceding  election. 

SEC.  6.  The  general  election  laws  shall  apply  to  recall  elections 
in  so  far  as  applicable.  Laws  necessary  to  facilitate  the  operation 
of  the  provisions  of  this  article  shall  be  enacted,  including  pro- 
vision for  payment  by  the  public  treasury  of  the  reasonable  special 
election  campaign  expenses  of  such  officer. 

2.     IMPEACHMENT. 

SEC.  1.  The  House  of  Representatives  shall  have  the  sole  power 
of  impeachment.  The  concurrence  of  a  majority  of  all  the  mem- 
bers shall  be  necessary  to  an  impeachment.  All  impeachments  shall 
be  tried  by  the  Senate,  and,  when  sitting  for  that  purpose,  the  Sena- 
tors shall  be  upon  oath  or  affirmation  to  do  justice  according  to 
law  and  evidence,  and  shall  be  presided  over  by  the  Chief  Jus- 
tice of  the  Supreme  Court.  Should  the  Chief  Justice  be  on  trial, 
or  otherwise  disqualified,  the  Senate  shall  elect  a  judge  of  the  Su- 
preme Court  to  preside. 

SEC.  2.  No  person  shall  be  convicted  without  a  concurrence  of 
two-thirds  of  the  Senators  elected.  The  Governor  and  other  State 
and  judicial  officers,  except  justices  of  courts  not  of  record,  shall  be 
liable  to  impeachment  for  high  crimes,  misdemeanors,  or  malfeas- 
ance in  office,  but  judgment  in  such  cases  shall  extend  only  to  re- 
moval from  office  and  disqualification  to  hold  any  office  of  honor, 
trust,  or  profit  in  the  State.  The  party,  whether  convicted  or  ac- 
quitted, shall,  nevertheless,  be  liable  to  trial  and  punishment  ac- 
cording to  law. 


ARTICLE  IX. 

PUBLIC    DEBT,    REVENUE,    AND    TAXATION. 

SEC.  1.  The  power  of  taxation  shall  never  be  surrendered,  sus- 
pended, or  contracted  away.  All  taxes  shall  be  uniform  upon  the 
same  class  of  property  within  the  territorial  limits  of  the  authority 
levying  the  tax,  and  shall  be  levied  and  collected  for  public  pur- 
poses only. 

SEC.  2.  There  shall  be  exempted  from  taxation  all  Federal, 
State,  county,  and  municipal  property.  Property  of  educational, 
charitable,  and  religious  associations  or  institutions  not  used  or  held 
for  profit  may  be  exempted  from  taxation  by  law.  Public  debts, 
as  evidenced  by  the  bonds  of  Arizona,  its  counties,  municipalities, 
or  other  subdivisions,  shall  also  be  exempt  from  taxation.  There 
shall  further  be  exempt  from  taxation,  the  property  of  widows, 
residents  of  this  State,  not  exceeding  the  amount  of  one  thousand 
dollars,  where  the  total  assessment  of  such  widow  does  not  ex- 

19 


ceed  two  thousand  dollars.  All  property  in  the  State  not  exempt 
under  the  laws- of  the  United  States  or  under  this  Constitution,  or 
exempted  by  law  under  the  provisions  of  this  section,  shall  be  sub- 
ject to  taxation  to  be  ascertained  as  provided  by  law. 

SEC.  3.  The  Legislature  shall  provide  by  law  for  an  annual  tax 
sufficient,  with  other  sources  of  revenue,  to  defray  the  necessary 
ordinary  expenses  of  the  State  for  each  fiscal  year.  And  for  the 
purpose  of  paying  the  State  debt,  if  there  be  any,  the  Legislature 
shall  provide  for  levying  an  annual  tax  -sufficient  to  pay  the  annual 
interest  and  the  principal  of  such  debt  within  twenty-five  years  from 
the  final  passage  of  the  law  creating  the  debt. 

No  tax  shall  be  levied  except  in  pursuance  of  law,  and  every  law 
imposing  a  tax  shall  state  distinctly  the  object  of  the  tax,  to  which 
object  only  it  shall  be  applied. 

All  taxes  levied  and  collected  for  State  purposes  shall  be  paid  into 
the  State  treasury  in  money  only. 

SEC.  4.  The  fiscal  year  shall  commence  on  the  first  day  of  July 
in  each  year.  An  accurate  statement  of  the  receipts  and  expendi- 
tures of  the  public  money  shall  be  published  annually,  in  such  man- 
ner as  shall  be  provided  by  law.  Whenever  the  expenses  of  any 
fiscal  year  shall  exceed  the  income,  the  Legislature  may  provide  for 
levying  a  tax  for  the  ensuing  fiscal  year  sufficient,  with  other  sources 
of  income,  to  pay  the  deficiency,  as  well  as  the  estimated  expenses 
of  the  ensuing  fiscal  year. 

SEC.  5.  The  State  may  contract  debts  to  supply  the  casual  de- 
ficits or  failures  in  revenues,  or  to  meet  expenses  not  otherwise  pro- 
vided for;  but  the  aggregate  amount  of  such  debts,  direct  and  con- 
tingent, whether  contracted  by  virtue  of  one  or  more  laws,  or  at 
different  periods  of  time,  shall  never  exceed  the  sum  of  three  hun- 
dred and  fifty  thousand  dollars;  and  the  money  arising  from  the 
creation  of  such  debts  shall  be  applied  to  the  purpose  for  which 
it  was  obtained  or  to  repay  the  debts  so  contracted,  and  to  no  other 
purpose. 

In  addition  to  the  above  limited  power  to  contract  debts  the  State 
may  borrow  money  to  repel  invasion,  suppress  insurrection,  or  de- 
fend the  State  in  time  of  war;  but  the  money  thus  raised  shall  be 
applied  exclusively  to  the  object  for  which  the  loan  shall  have  been 
authorized  or  to  the  repayment  of  the  debt  thereby  created.  No 
money  shall  be  paid  out  of  the  State  treasury,  except  in  the  man- 
ner provided  by  law. 

SEC.  6.  Incorporated  cities,  towns,  and  villages  may  be  vested 
by  law  with  power  to  make  local  improvements  by  special  assess- 
ments, or  by  special  taxation  of  property  benefited.  For  all  cor- 
porate purposes,  all  municipal  corporations  may  be  vested  with 
authority  to  assess  and  collect  taxes. 

SEC.  7.  Neither  the  State,  nor  any  county,  city,  town,  munici- 
pality, or  other  subdivision  of  the  State  shall  ever  give  or  loan  its 
credit  in  the  aid  of,  or  make  any  donation  or  grant,  by  subsidy  or 
otherwise,  to  any  individual,  association,  or  corporation,  or  become 
a  subscriber  to,  or  a  shareholder  in,  any  company  or  corporation  or 
become  a  joint  owner  with  any  person,  company,  or  corporation,  ex- 
cept as  to  such  ownerships  as  may  accrue  to  the  State  by  operation 
or  provision  of  law. 

SEC.  8.  No  county,  city,  town,  school  district,  or  other  munici- 
pal corporation  shall  for  any  purpose  become  indebted  in  any  man- 

20 


ner  to  an  amount  exceeding  four  per  centum  of  the  taxable  prop- 
erty in  such  county,  city,  town,  school  district,  or  other  municipal 
corporation,  without  the  assent  of  a  majority  of  the  property  tax- 
payers, who  must  also  in  all  respects  be  qualified  electors,  therein 
voting  at  an  election  provided  by  law  to  be  held  for  that  purpose, 
the  value  of  the  taxable  property  therein  to  be  ascertained  by  the 
last  assessment  for  State  and  county  purposes,  previous  to  in- 
curring such  indebtedness ;  except,  that  in  incorporated  cities  and 
towns  assessments  shall  be  taken  from  the  last  assessment  for  city 
or  town  purposes ;  Provided,  that  any  incorporated  city  or  town, 
with  such  assent,  may  be  allowed  to  become  indebted  to  a  larger 
amount,  but  not  exceeding  five  per  centum  additional,  for  supply- 
ing such  city  or  town  with  water,  artificial  light,  or  sewers,  when 
the  works  for  supplying  such  water,  light,  or  sewers  are  or  shall 
be  owned  and  controlled  by  the  municipality. 

SEC.  9.  Every  law  which  imposes,  continues,  or  revives  a  tax 
shall  distinctly  state  the  tax  and  the  objects  for  which  it  shall  be 
applied ;  and  it  shall  not  be  sufficient  to  refer  to  any  other  law  to 
fix  such  tax  or  object. 

SEC.  10.  No  tax  shall  be  laid  or  appropriation  of  public  money 
made  in  aid  of  any  church,  or  private  or  sectarian  school,  or  any 
public  service  corporation. 

SEC.  11.  There  shall  be  a  State  Board  of  Equalization,  which, 
until  otherwise  provided  by  law,  shall  consist  of  the  chairmen  of 
the  Boards  of  Supervisors  in  the  various  counties  of  the  State,  and 
the  State  Auditor,  who  shall  be  ex-officio  chairman  thereof;  and 
there  shall  also  be  in  each  county  of  the  State,  a  county  Board  of 
Equalization  consisting  of  the  Board  of  Supervisors  of  said  county. 
The  duty  of  the  State  Board  of  Equalization  shall  be  to  adjust  and 
equalize  the  valuation  of  the  real  and  personal  property  among  the 
several  counties  of  the  State.  The  duty  of  the  county  Boards  of 
Equalization  shall  be  to  adjust  and  equalize  the  valuation  of  real 
and  personal  property  within  their  respective  counties.  Each  board 
shall  also  perform  such  other  duties  as  may  be  prescribed  by  law. 

SEC.  12.  The  law-making  power  shall  have  authority  to  pro- 
vide for  the  levy  and  collection  of  license,  franchise,  gross  revenue, 
excise,  income,  collateral  and  direct  inheritance,  legacy,  and  suc- 
cession taxes,  also  graduated  income  taxes,  graduated  collateral  and 
direct  inheritance  taxes,  graduated  legacy  and  succession  taxes, 
stamp,  registration,  production,  or  other  specific  taxes. 


ARTICLE  X. 

STATE   AND    SCHOOL    LANDS. 

SEC.  1.  All  lands  expressly  transferred  and  confirmed  to  the 
State  by  the  provisions  of  the  Enabling  Act  approved  June  20,  1910, 
including  all  lands  granted  to  the  State  and  all  lands  heretofore 
granted  to  the  Territory  of  Arizona,  and  all  lands  otherwise  ac- 
quired by  the  State,  shall  be  by  the  State  accepted  and  held  in  trust 
to  be  disposed  of  in  whole  or  in  part,  only  in  manner  as  in  the  said 
Enabling  Act  and  in  this  Constitution  provided,  and  for  the  several 
objects  specified  in  the  respective  granting  and  confirmatory  pro- 
visions. The  natural  products  and  money  proceeds  of  any  of  said 
lands  shall  be  subject  to  the  same  trusts  as  the  lands  producing  the 
same. 


SEC.  2.  Disposition  of  any  of  said  lands,  or  of  any  money  or 
thing  of  value  directly  or  indirectly  derived  therefrom,  for  any  ob- 
ject other  than  that  for  which  such  particular  lands  (or  the  lands 
from  which  such  money  or  thing  of  value  shall  have  been  derived) 
were  granted  or  confirmed,  or  in  any  manner  contrary  to  the  pro- 
visions of  the  said  Enabling  Act,  shall  be  deemed  a  breach  of  trust. 

SEC.  3.  No  mortgage  or  other  incumbrance  of  the  said  lands, 
or  any  thereof,  shall  be  valid  in  favor  of  any  person  or  for  any 
purpose  or  under  any  circumstances  whatsoever.  Said  lands  shall 
not  be  sold  or  leased,  in  whole  or  in  part,  except  to  the  highest  and 
best  bidder  at  a  public  auction  to  be  held  at  the  county  seat  of  the 
county  wherein  the  lands  to  be  affected,  or  the  major  portion 
thereof,  shall  lie,  notice  of  which  public  auction  shall  first  have  been 
duly  given  by  advertisement,  which  shall  set  forth  the  nature,  time, 
and  place  of  the  transaction  to  be  had,  with  a  full  description  of 
the  lands  to  be  offered,  and  be  published  once  each  week  for  not 
less  than  ten  successive  weeks  in  a  newspaper  of  general  circulation 
published  regularly  at  the  State  Capital,  and  in  that  newspaper  of 
like  circulation  which  shall  then  be  regularly  published  nearest  to 
the  location  of  such  lands  so  offered ;  nor  shall  any  sale  or  con- 
tract for  the  sale  of  any  timber  or  other  natural  product  of  such 
lands  be  made,  save  at  the  place,  in  the  manner,  and  after  the 
notice  by  publication  thus  provided  for  sales  and  leases  of  the  lands 
themselves;  Provided,  that  nothing  herein  contained  shall  prevent 
the  leasing  of  said  lands  referred  to  in  this  Article,  for  a  term  of 
five  years  or  less,  without  said  advertisement  herein  required. 

SEC.  4.  All  lands,  lease-holds,  timber,  and  other  products  of 
land,  before  being  offered,  shall  be  appraised  at  their  true  value, 
and  no  sale  or  other  disposal  thereof  shall  be  made  for  a  considera- 
tion less  than  the  value  so  ascertained,  nor  in  any  case  less  than 
the  minimum  price  hereinafter  fixed,  nor  upon  credit  unless  accom- 
panied by  ample  security,  and  the  legal  title  shall  not  be  deemed 
to  have  passed  until  the  consideration  shall  have  been  paid. 

SEC.  5.  No  lands  shall  be  sold  for  less  than  three  dollars  per 
acre,  and  no  lands  which  are  or  shall  be  susceptible  of  irrigation 
under  any  projects  now  or  hereafter  completed  or  adopted  by  the 
United  States  under  legislation  for  the  reclamation  of  lands,  or 
under  any  other  project  for  the  reclamation  of  lands,  shall  be  sold 
at  less  than  twenty-five  dollars  per  acre;  Provided,  that  the  State, 
at  the  request  of  the  Secretary  of  the  Interior,  shall  from  time  to 
time  relinquish  such  of  its  lands  to  the  United  States  as  at  any  time 
are  needed  for  irrigation  works  in  connection  with  any  such  Gov- 
ernment project,  and  other  lands  in  lieu  thereof  shall  be  selected 
from  lands  of  the  character  named  and  in  the  manner  prescribed 
in  Section  Twenty-four  of  the  said  Enabling  Act. 

SEC.  6.  No  lands  reserved  and  excepted  of  the  lands  granted  to 
this  State  by  the  United  States,  actually  or  prospectively  valuable 
for  the  development  of  water  powers  or  power  for  hydro-electric 
use  or  transmission,  which  shall  be  ascertained  and  designated  by 
the  Secretary  of  the  Interior  within  five  years  after  the  proclama- 
tion of  the  President  declaring  the  admission  of  the  State,  shall  be 
subject  to  any  disposition  whatsoever  by  the  State  or  by  any  office r 
of  the  State,  and  any  conveyance  or  transfer  of  such  lands  made 
within  said  five  years  shall  be  null  and  void. 

SEC.  7.     A  separate  fund  shall  be  established  for  each  of  the  sev- 


eral  objects  for  which  the  said  grants  are  made  and  confirmed  by 
the  said  Enabling  Act  to  the  State,  and  whenever  any  moneys  shall 
be  in  any  manner  derived  from  any  of  said  lands,  the  same  shall  be 
deposited  by  the  State  Treasurer  in  the  fund  corresponding  to  the 
grant  under  which  the  particular  land  producing  such  moneys  was, 
by  said  Enabling  Act,  conveyed  or  confirmed.  No  moneys  shall 
ever  be  taken  from  one  fund  for  deposit  in  any  other,  or  for  any 
object  other  than  that  for  which  the  land  producing  the  same  was 
granted  or  confirmed.  The  State  Treasurer  shall  keep  all  such 
moneys  invested  in  safe,  interest-bearing  securities,  which  securities 
shall  be  approved  by  the  Governor  and  Secretary  of  State,  and 
shall  at  all  times  be  under  a  good  and  sufficient  bond  or  bonds  con- 
ditioned for  the  faithful  performance  of  his  duties  in  regard  thereto. 

SEC.  8.  Every  sale,  lease,  conveyance,  or  contract  of  or  con- 
cerning any  of  the  lands  granted  or  confirmed,  or  the  use  thereof 
or  the  natural  products  thereof  made  to  this  State  by  the  said 
Enabling  Act,  not  made  in  substantial  conformity  with  the  pro- 
visions thereof,  shall  be  null  and  void. 

SEC.  9.  All  lands  expressly  transferred  and  confirmed  to  the 
State,  by  the  provisions  of  the  Enabling  Act  approved  June  20, 
1910,  including  all  lands  granted  to  the  State,  and  all  lands  hereto- 
fore granted  to  the  Territory  of  Arizona,  and  all  lands  otherwise 
acquired  by  the  State,  may  be  sold  or  leased  by  the  State  in  the 
manner,  and  on  the  conditions,  and  with  the  limitations,  prescribed 
by  the  said  Enabling  Act  and  this  Constitution,  and  as  may  be  fur- 
ther prescribed  by  law ;  Provided,  that  the  Legislature  shall  provide 
for  the  separate  appraisement  of  the  lands  and  of  the  improve- 
ments on  school  and  university  lands  which  have  been  held  under 
lease  prior  to  the  adoption  of  this  Constitution,  and  for  reimburse- 
ment to  the  actual  bona  fide  residents  or  lessees  of  such  lands  upon 
which  such  improvements  are  situated,  as  prescribed  by  Title  65, 
Civil  Code  of  Arizona,  1901,  and  in  such  cases  only  as  permit  re- 
imbursements to  lessees  in  said  Title  65. 

SEC.  10.  The  Legislature  shall  provide  by  proper  laws  for  the 
sale  of  all  State  lands  or  the  lease  of  such  lands  for  terms  not 
longer  than  five  years,  and  shall  further  provide  by  said  laws  for 
the  protection  of  the  actual  bona  fide  residents  and  lessees  of  said 
lands,  whereby  such  residents  and  lessees  shall  be  protected  in  their 
rights  to  their  improvements,  including  water  rights,  in  such  man- 
ner that  in  case  of  lease  to  other  parties,  the  former  lessee  shall 
be  paid  by  the  succeeding  lessee  the  value  of  said  improvements  and 
rights,  and  actual  bona  fide  residents  and  lessees  shall  have  prefer- 
ence to  renewal  of  their  leases  at  a  reassessed  rental,  fixed  as  pro- 
vided by  law. 

SEC.  11.  No  individual,  corporation,  or  association  shall  ever 
be  allowed  to  purchase  or  lease  more  than  one  hundred  and  sixty 
acres  of  agricultural  land,  or  more  than  six  hundred  and  forty 
acres  of  grazing  land. 

ARTICLE  XL 

EDUCATION. 

SEC.  1.  The  Legislature  shall  enact  such  laws  as  shall  provide 
for  the  establishment  and  maintenance  of  a  general  and  uniform 
public  school  system,  which  system  shall  include  kindergarten 

23 


schools,  common  schools,  high  schools,  normal  schools,  industrial 
schools,  and  a  university  (which  shall  include  an  agricultural  col- 
lege, a  school  of  mines,  and  such  other  technical  schools  as  may 
be  essential,  until  such  time  as  it  may  be  deemed  advisable  to  es- 
tablish separate  State  institutions  of  such  character.)  The  Legis- 
lature shall  also  enact  such  laws  as  shall  provide  for  the  education 
and  care  of  the  deaf,  dumb,  and  blind. 

SEC.  2.  The  general  conduct  and  supervision  of  the  public 
school  system  shall  be  vested  in  a  State  Board  of  Education,  a 
State  Superintendent  of  Public  Instruction,  county  school  superin- 
tendents, and  such  governing  boards  for  the  State  institutions  as 
may  be  provided  by  law. 

SEC.  3.  The  State  Board  of  Education  shall  be  composed  of  the 
following  members :  the  Governor,  the  Superintendent  of  Public 
Instruction,  the  President  of  the  University,  and  principals  of  the 
State  normal  schools,  as  ex-officio  members,  and  a  city  superin- 
tendent of  schools,  a  principal  of  a  high  school,  and  a  county  super- 
intendent of  schools,  to  be  appointed  by  the  Governor.  The  powers 
and  duties  of  the  Board  shall  be  such  as  may  be  prescribed  by  law. 
The  members  of  the  Board  shall  serve  without  pay,  but  all  their 
necessary  expenses  incurred  in  attending  the  meetings  of  the  Board, 
and  for  printing,  shall  be  provided  for  by  law. 

SEC.  4.  The  State  Superintendent  of  Public  Instruction  shall  be 
a  member,  and  secretary,  of  the  State  Board  of  Education,  and,  ex- 
officio,  a  member  of  any  other  board  having  control  of  public  in- 
struction in  any  State  institution.  His  powers  and  duties  shall  be 
prescribed  by  law. 

SEC.  5.  The  regents  of  the  University,  and  the  governing  boards 
of  other  State  educational  institutions,  shall  be  appointed  by  the 
Governor,  except  that  the  Governor  shall  be,  ex-officio,  a  member 
of  the  board  of  regents  of  the  University. 

SEC.  6.  The  University  and  all  other  State  educational  institu- 
tions shall  be  open  to  students  of  both  sexes,  and  the  instruction 
furnished  shall  be  as  nearly  free  as  possible. 

The  Legislature  shall  provide  for  a  system  of  common  schools  by 
which  a  free  school  shall  be  established  and  maintained  in  every 
school  district  for  at  least  six  months  in  each  year,  which  school 
shall  be  open  to  all  pupils  between  the  ages  of  six  and  twenty-one 
years. 

SEC.  7.  No  sectarian  instruction  shall  be  imparted  in  any  school 
or  State  educational  institution  that  may  be  established  under  this 
Constitution,  and  no  religious  or  political  test  or  qualification  shall 
ever  be  required  as  a  condition  of  admission  into  any  public  educa- 
tional institution  of  the  State,  as  teacher,  student,  or  pupil; 
but  the  liberty  of  conscience  hereby  secured  shall  not  be  so  con- 
strued as  to  justify  practices  or  conduct  inconsistent  with  the  good 
order,  peace,  morality,  or  safety  of  the  State,  or  with  the  rights 
of  others. 

SEC.  8.  A  permanent  State  school  fund  for  the  use  of  the  com- 
mon schools  shall  be  derived  from  the  sale  of  public  school  lands  or 
other  public  lands  specified  in  the  Enabling  Act  approved  June  20, 
1910;  from  all  estates  or  distributive  shares  of  estates  that  may 
escheat  to  the  State ;  from  all  unclaimed  shares  and  dividends  of  any 
corporation  incorporated  under  the  laws  of  Arizona;  and  from  all 
gifts,  devises,  or  bequests  made  to  the  State  for  general  educational 
purposes. 

24 


The  income  derived  from  the  investment  of  the  permanent  State 
school  fund,  and  from  the  rental  derived  from  school  lands,  with 
such  other  funds  as  may  be  provided  by  law  shall  be  apportioned 
annually  to  the  various  counties  of  the  State  in  proportion  to  the 
number  of  pupils  of  school  age  residing  therein. 

SEC.  9.  The  amount  of  this  apportionment  shall  become  a  part 
of  the  county  school  fund,  and  the  Legislature  shall  enact  such  laws 
as  will  provide  for  increasing  the  county  fund  sufficiently  to 
maintain  all  the  public  schools  of  the  county  for  a  minimum  term 
of  six  months  in  every  school  year.  The  laws  of  the  State  shall 
enable  cities  and  towns  to  maintain  free  high  schools,  industrial 
schools,  and  commercial  schools. 

SEC.  10.  The  revenue  for  the  maintenance  of  the  respective  State 
educational  institutions  shall  be  derived  from  the  investment  of 
the  proceeds  of  the  sale,  and  from  the  rental  of  such  lands  as  have 
been  set  aside  by  the  Enabling  Act  approved  June  20,  1910,  or 
other  legislative  enactment  of  the  United  States,  for  the  use  and 
benefit  of  the  respective  State  educational  institutions.  In  addition 
to  such  income  the  Legislature  shall  make  such  appropriations,  to 
be  met  by  taxation,  as  shall  insure  the  proper  maintenance  of  all 
State  educational  institutions,  and  shall  make  such  special  appro- 
priations as  shall  provide  for  their  development  and  improvement. 


ARTICLE   XII. 

COUNTIES. 

SEC.  1.  Each  county  of  the  State,  now  or  hereafter  organized, 
shall  be  a  body  politic  and  corporate. 

SEC.  2.  The  several  counties  of  the  Territory  of  Arizona  as 
fixed  by  statute  at  the  time  of  the  adoption  of  this  Constitution  are 
hereby  declared  to  be  the  counties  of  the  State  until  changed  by  law. 

SEC.  3.  Subject  to  change  by  law,  there  are  hereby  created  in 
and  for  each  organized  county  of  the  State  the  following  officers 
who  shall  be  elected  by  the  qualified  electors  thereof:  Sheriff, 
Recorder,  Treasurer,  School  Superintendent,  County  Attorney,  As- 
sessor, County  Superintendent  of  Roads,  and  Surveyor,  each  of 
whom  shall  be  elected  for  a  term  of  two-  years,  except  that  such 
officers  elected  at  the  first  election  for  State  and  county  officers 
shall  serve  until  the  first  Monday  in  January,  1913;  and  three 
Supervisors,  whose  term  of  office  shall  be  provided  by  law,  except 
that  at  the  first  election  for  county  officers  the  candidate  for  Super- 
visor receiving  the  highest  number  of  votes  shall  hold  office  until 
the  first  Monday  in  January,  1915,  and  the  two  candidates  for 
Supervisor,  respectively,  receiving  the  next  highest  number  of  votes 
shall  hold  office  until  the  first  Monday  in  January,  1913. 

SEC.  4.  The  duties,  powers,  and  qualifications  of  such  officers 
shall  be  as  prescribed  by  law.  The  Board  of  Supervisors  of  each 
county  is  hereby  empowered  to  fix  salaries  for  all  county  and  pre- 
cinct officers  within  such  county  for  whom  no  compensation  is  pro- 
vided by  law,  and  the  salaries  so  fixed  shall  remain  in  full  force 
and  effect  until  changed  by  general  law. 


ARTICLE  XIII. 

MUNICIPAL    CORPORATIONS. 

SEC.  1.  Municipal  corporations  shall  not  be  created  by  special 
laws,  but  the  Legislature,  by  general  laws,  shall  provide  for  the  in- 
corporation and  organization  of  cities  .and  towns  and  for  the  classi- 
fication of  such  cities  and  towns  in  proportion  to  population,  sub- 
ject to  the  provisions  of  this  Article. 

SEC.  2.  Any  city  containing,  now  or  hereafter,  a  population  of 
more  than  three  thousand  five  hundred  may  frame  a  charter  for 
its  own  government  consistent  with,  and  subject  to,  the  Constitu- 
tion and  the  laws  of  the  State,  in  the  following  manner:  A  board 
of  freeholders  composed  of  fourteen  qualified  electors  of  said  city 
may  be  elected  at  large  by  the  qualified  electors  thereof,  at  a  gen- 
ral  or  special  election,  whose  duty  it  shall  be,  within  ninety  days 
after  such  election,  to  prepare  and  propose  a  charter  for  such  city. 
Such  proposed  charter  shall  be  signed  in  duplicate  by  the  mem- 
bers of  such  board,  or  a  majority  of  them,  and  filed,  one  copy  of 
said  proposed  charter  with  the  chief  executive  officer  of  such  city 
and  the  other  with  the  county  recorder  of  the  county  in  which  said 
city  shall  be  situated.  Such  proposed  charter  shall  then  be  pub- 
lished in  one  or  more  newspapers  published,  and  of  general  circu- 
lation, within  said  city  for  at  least  twenty-one  days  if  in  a  daily 
paper,  or  in  three  consecutive  issues  if  in  a  weekly  paper,  and  the 
first  publication  shall  be  made  within  twenty  days  after  the  com- 
pletion of  the  proposed  charter.  Within  thirty  days,  and  not  earlier 
than  twenty  days,  after  such  publication,  said  proposed  charter 
shall  be  submitted  to  the  vote  of  the  qualified  electors  of  said  city 
at  a  general  or  special  election.  If  a  majority  of  such  qualified 
electors  voting  thereon  shall  ratify  such  proposed  charter,  it  shall 
thereupon  be  submitted  to  the  Governor  for  his  approval,  and  the 
Governor  shall  approve  it  if  it  shall  not  be  in  conflict  with  this  Con- 
stitution or  with  the  laws  of  the  State.  Upon  such  approval  said 
charter  shall  become  the  organic  law  of  such  city  and  supersede 
any  charter  then  existing  (and  all  amendments  thereto),  and  all 
ordinances  inconsistent  with  said  new  charter.  A  copy  of  such 
charter,  certified  by  the  chief  executive  officer,  and  authenticated 
by  the  seal,  of  such  city,  together  with  a  statement  similarly  certi- 
fied and  authenticated  setting  forth  the  submission  of  such  char- 
ter to  the  electors  and  its  ratification  by  them,  shall,  after  the  ap- 
proval of  such  charter  by  the  Governor,  be  made  in  duplicate  and 
filed,  one  copy  in  the  office  of  the  Secretary  of  State  and  the  other 
in  the  archives  of  the  city  after  being  recorded  in  the  office  of  said 
County  Recorder.  Thereafter  all  courts  shall  take  judicial  notice 
of  said  charter. 

The  charter  so  ratified  may  be  amended  by  amendments  pro- 
posed and  submitted  by  the  'legislative  authority  of  the  city  to  the 
qualified  electors  thereof  (or  by  petition  as  hereinafter  provided), 
at  a  general  or  special  election,  and  ratified  by  a  majority  of  the 
qualified  electors  yotin'g  thereon  and  approved  by  the  Governor  as 
herein  provided  for  the  approval  of  the  charter. 

SEC.  3.  An  election  of  such  board  of  freeholders  may  be  called 
at  any  time  by  the  legislative  authority  of  any  such  city.  Such 
election  shall  be  called  by  the  chief  executive  officer  of  any  such 
city  within  ten  days  after  there  shall  have  been  filed  with  him  a 

26 


petition  demanding  such  election,  signed  by  a  number  of  qualified 
electors  residing  within  such  city  equal  to  twenty-five  per  centum 
of  the  total  number  of  votes  cast  at  the  next  preceding  general 
municipal  election.  Such  election  shall  be  held  not  later  than  thirty 
days  after  the  call  therefor.  At  such  election  a  vote  shall  be  taken 
upon  the  question  whether  further  proceedings  toward  adopting  a 
charter  shall  be  had  in  pursuance  to  the  call,  and  unless  a  major- 
ity of  the  qualified  electors  voting  thereon  shall  vote  to  proceed 
further,  no  further  proceedings  shall  be  had,  and  all  proceedings  up 
to  the  time  of  said  election  shall  be  of  no  effect. 

SEC.  4.  No  municipal  corporation  shall  ever  grant,  extend,  or 
renew  a  franchise  without  the  approval  of  a  majority  of  the  quali- 
fied electors  residing  within  its  corporate  limits  who  shall  vote 
thereon  at  a  general  or  special  election,  and  the  legislative  body 
of  any  such  corporation  shall  submit  any  such  matter  for  approval  or 
disapproval  to  such  electors  at  any  general  municipal  election,  or 
call  a  special  election  for  such  purpose  at  any  time  upon  thirty 
days'  notice.  No.  franchise  shall  be  granted,  extended,  or  renewed 
for  a  longer  time  than  twenty-five  years. 

S^c.  5.  Every  municipal  corporation  within  this  State  shall  have 
the  right  to  engage  in  any  business  or  enterprise  which  may  be 
engaged  in  by  a  person,  firm,  or  corporation  by  virtue  of  a  fran- 
chise from  said  municipal  corporation. 

SEC.  6.  No  grant,  extension,  or  renewal  of  any  franchise  or 
other  use  of  the  streets,  alleys,  or  other  public  grounds,  or  ways,  of 
any  municipality  shall  divest  the  State  or  any  of  its  subdivisions 
of  its  or  their  control  and  regulation  of  such  use  and  enjoyment;  nor 
shall  the  power  to  regulate  charges  for  public  services  be  surren- 
dered ;  and  no  exclusive  franchise  shall  ever  be  granted. 


ARTICLE  XIV. 

CORPORATIONS    OTHER    THAN     MUNICIPAL. 

SEC.  1.  The  term  "corporation,"  as  used  in  this  Article,  shall 
be  construed  to  include  all  associations  and  joint  stock  companies 
having  any  powers  or  privileges  of  corporations  not  possessed  by 
individuals  or  co-partnerships,  and  all  corporations  shall  have  the 
right  to  sue  and  shall  be  subject  to  be  sued,  in  all  courts,  in  like 
cases  as  natural  persons. 

SEC.  2.  Corporations  may  be  formed  under  general  laws,  but 
shall  not  be  created  by  special  Acts.  Laws  relating  to  corporations 
may  be  altered,  amended,  or  repealed  at  any  time,  and  all  corpora- 
tions doing  business  in  this  State  may,  as  to  such  business,  be  regu- 
lated, limited,  and  restrained  by  law. 

SEC.  3.  All  existing  charters  under  which  a  bona  fide  or- 
ganization shall  not  have  taken  place  and  business  commenced  in 
good  faith  within  six  months  from  the  time  of  the  approval  of 
this  Constitution  shall  thereafter  have  no  validity. 

SEC.  4.  No  corporation  shall  engage  in  any  business  other  than 
that  expressly  authorized  in  its  charter  or  by  the  law  under  which 
it  may  have  been  or  may  hereafter  be  organized. 

SEC.  5.  No  corporation  organized  outside  of  the  limits  of  this 
State  shall  be  allowed  to  transact  business  within  this  State  on  more 
favorable  conditions  than  are  prescribed  by  law  for  similar  corpora- 
tions organized  under  the  laws  of  this  State ;  and  no  foreign  cor- 

27 


poration  shall  be  permitted  to  transact  business  within  this  State 
unless  said  foreign  corporation  is  by  the  laws  of  the  country,  State, 
or  Territory  under  which  it  is  formed  permitted  to  transact  a  like 
business  in  such  country,  State,  or  Territory. 

SEC.  6.  No  corporation  shall  issue  stock,  except  to  bona  fide 
subscribers  therefor  or  their  assignees;  nor  shall  any  corporation 
issue  any  bond,  or  other  obligation,  for  the  payment  of  money,  ex- 
cept for  money  or  property  received  or  for  labor  done.  The  stock 
of  corporations  shall  not  be  increased,  except  in  pursuance  of  a 
general  law,  nor  shall  any  law  authorize  the  increase  of  stock  of 
any  corporation  without  the  consent  of  the  person  or  persons  hold- 
ing the  larger  amount  in  value  of  the  stock  of  such  corporation, 
nor  without  due  notice  of  the  proposed  increase  having  been  given 
as  may  be  prescribed  by  law.  All  fictitious  increase  of  stock  or 
indebtedness  shall  be  void. 

SEC.  7.  No  corporation  shall  lease  or  alienate  any  franchise  so 
as  to  relieve  the  franchise,  or  property  held  thereunder,  from  the 
liabilities  of  the  lessor,  or  grantor,  lessee,  or  grantee,  contracted  or 
incurred  in  the  operation,  use,  or  enjoyment  of  such  franchise  or 
of  any  of  its  privileges. 

SEC.  8.  No  domestic  or  foreign  corporation  shall  do  any  busi- 
ness in  this  State  without  having  filed  its  articles  of  incorporation 
or  a  certified  copy  thereof  with  the  Corporation  Commission,  and 
without  having  one  or  more  known  places  of  business  and  an 
authorized  agent,  or  agents,  in  the  State  upon  whom  process  may 
be  served.  Suit  may  be  maintained  against  a  foreign  corpora- 
tion in  the  county  where  an  agent  of  such  corporation  may  be 
found,  or  in  the  county  where  the  cause  of  action  may  arise. 

SEC.  9.  The  right  of  exercising  eminent  domain  shall  never  be 
so  abridged  or  construed  as  to  prevent  the  State  from  taking  the 
property  and  the  franchises  of  incorporated  companies  and  sub- 
jecting them  to  public  t:se  the  same  as  the  property  of  individuals. 

SEC.  10.  In  all  elections  for  directors  or  managers  of  any  cor- 
poration, each  shareholder  shall  have  the  right  to  cast  as  many 
votes  in  the  aggregate  as  he  shall  be  entitled  to  vote  in  said  com- 
pany under  its  charter  multiplied  by  the  number  of  directors  or 
managers  to  be  elected  at  such  election ;  and  each  shareholder 
may  cast  the  whole  number  of  votes,  either  in  person  or  by  proxy, 
for  one  candidate,  or  distribute  such  votes  among  two  or  more  such 
candidates;  and  such  directors  or  managers  shall  not  be  elected 
otherwise. 

SEC.  11.  The  shareholders  or  stockholders  of  every  banking  or 
insurance  corporation  or  association  shall  be  held  individually  re- 
sponsible, equally  and  ratably,  and  not  one  for  another,  for  all  con- 
tracts, debts,  and  engagements  of  such  corporation  or  association,  to 
the  extent  of  the  amount  of  their  stock  therein,  at  the  par  value 
thereof,  in  addition  to  the  amount  invested  in  such  shares  or  stock. 

SEC.  12.  Any  president,  director,  manager,  cashier,  or  other  of- 
ficer of  any  banking  institution  who  shall  receive,  or  assent  to,  the 
reception  of  any  deposits  after  he  shall  have  knowledge  of  the  fact 
that  such  banking  institution  is  insolvent  or  in  failing  circum- 
stances shall  be  individually  responsible  for  such  deposits. 

SEC.  13.  No  persons  acting  as  a  corporation  under  the  laws  of 
Arizona  shall  be  permitted  to  set  up,  or  rely  upon,  the  want  of  a 
legal  organization  as  a  defense  to  any  action  which  may  be  brought 


against  them  as  a  corporation,  nor  shall  any  person  or  persons  who 
may  be  sued  on  a  contract  now  or  hereafter  made  with  such  cor- 
poration, or  sued  for  any  injury  now  or  hereafter  done  to  its  prop- 
erty, or  for  a  wrong  done  to  its  interests,  be  permitted  to  rely 
upon  such  want  of  legal  organization  in  his  or  their  defense. 

SEC.  14.  This  Article  shall  not  be  construed  to  deny  the  right 
of  the  legislative  power  to  impose  other  conditions  upon  corpora- 
tions than  those  herein  contained. 

SEC.  15.  Monopolies  and  trusts  shall  never  be  allowed  in  this 
State,  and  no  incorporated  company,  co-partnership,  or  association 
of  persons  in  this  State  shall  directly  or  indirectly  combine  or  make 
any  contract,  with  any  incorporated  company,  foreign  or  domestic, 
through  their  stockholders  or  the  trustees  or  assigns  of  such  stock- 
holders or  with  any  co-partnership  or  association  of  persons,  or, 
in  any  manner  whatever,  to  fix  the  prices,  limit  the  production,  or 
regulate  the  transportation  of  any  product  or  commodity.  The  Leg- 
islature shall  enact  laws  for  the  enforcement  of  this  Section  by  ade- 
quate penalties,  and  in  the  case  of  incorporated  companies,  if  neces- 
sary for  that  purpose,  may,  as  a  penalty  declare  a  forfeiture  of 
their  franchises. 

SEC.  16.  The  records,  books,  and  files  of  all  public  service  cor- 
porations, State  banks,  building  and  loan  associations,  trust,  insur- 
ance, and  guaranty  companies  shall  be  at  all  times  liable  and  sub- 
ject to  the  full  visitorial  and  inquisitorial  powers  of  the  State,  not- 
withstanding the  immunities  and  privileges  secured  in  the  Declara- 
tion of  Rights  of  this  Constitution  to  persons,  inhabitants,  and  citi- 
zens of  this  State. 

SEC.  17.  Provision  shall  be  made  by  law  for  the  payment  of  a 
fee  to  the  "State  by  every  domestic  corporation,  upon  the  grant, 
amendment,  or  extension  of  its  charter,  and  by  every  foreign  cor- 
poration upon  its  obtaining  a  license  to  do  business  in  this  State; 
and  also  for  the  payment,  by  every  domestic  corporation  and  for- 
eign corporation  doing  business  in  this  State,  of  an  annual  regis- 
tration fee  of  not  less  than  ten  dollars,  which  fee  shall  be  paid  irre- 
spective of  any  specific  license  or  other  tax  imposed  by  law  upon 
such  company  for  the  privilege  of  carrying  on  its  business  in  this 
State,  or  upon  its  franchise  or  property;  and  for  the  making,  by 
every  such  corporation,  at  the  time  of  paying  such  fee,  of  such  re- 
port to  the  Corporation  Commission  of  the  status,  business,  or  con- 
dition of  such  corporation,  as  may  be  prescribed  by  law.  No  for- 
eign corporation  shall  have  authority  to  do  business  in  this  State, 
until  it  shall  have  obtained  from  the  Corporation  Commission  a 
license  to  do  business  in  the  State,  upon  such  terms  as  may  be  pre- 
scribed by  law.  The  Legislature  may  relieve  any  purely  charit- 
able, social,  fraternal,  benevolent,  or  religious  institution  from  the 
payment  of  such  annual  registration  fee. 

SEC.  18.  It  shall  be  unlawful  for  any  corporation,  organized  or 
doing  business  in  this  State,  to  make  any  contribution  of  money  or 
anything  of  value  for  the  purpose  of  influencing  any  election  or  of- 
ficial action. 

SEC.  19.  Suitable  penalties  shall  be  prescribed  by  law  for  the  vio- 
lation of  any  of  the  provisions  of  this  Article. 


29 


ARTICLE   XV. 

THE   CORPORATION    COMMISSION. 

SEC.  1.  A  Corporation  Commission  is  hereby  created  to  be  com- 
posed of  three  persons,  who  shall  be  elected  at  the  general  election 
to  be  held  under  the  provisions  of  the  Enabling  Act  approved  June 
20,  1910,  and  whose  term  of  office  shall  be  co-terminous  with  that  of 
the  Governor  of  the  State  elected  at  the  same  time,  and  who  shall 
maintain  their  chief  office,  and  reside,  at  the  State  Capital.  At  the 
first  general  State  election  held  under  this  Constitution  at  which  .1 
Governor  is  voted  for,  three  commissioners  shall  be  elected  who 
shall,  from  and  after  the  first  Monday  in  January  next  succeeding 
said  election,  hold  office  as  follows: 

The  one  receiving  the  highest  number  of  votes  shall  serve  six 
years,  and  the  one  receiving  the  second  highest  number  of  votes 
shall  serve  four  years,  and  the  one  receiving  the  third  highest  num- 
ber of  votes  shall  serve  two  years.  And  one  commissioner  shall 
be  elected  every  two  years  thereafter.  In  case  of  vacancy  in  said 
office,  the  Governor  shall  appoint  a  commissioner  to  fill  such  vacancy. 
Such  appointed  commissioner  shall  fill  such  vacancy  until  a  com- 
missioner shall  be  elected  at  a  general  election  as  provided  by  law, 
and  shall  qualify.  The  qualifications  of  commissioners  may  be  pre- 
scribed by  law. 

SEC.  2.  All  corporations  other  than  municipal  engaged  in  carry- 
ing persons  or  property  for  hire ;  or  in  furnishing  gas,  oil,  or  elec- 
tricity for  light,  fuel,  or  power ;  or  in  furnishing  water  for  irriga- 
tion, fire  protection,  or  other  public  purposes ;  or  in  furnishing,  for 
profit,  hot  or  cold  air  or  steam  for  heating  or  cooling  purposes;  or 
in  transmitting  messages  or  furnishing  public  telegraph  or  telephone 
service,  and  all  corporations  other  than  municipal,  operating  as  com- 
mon carriers,  shall  be  deemed  public  service  corporations. 

SEC.  3.  The  Corporation  Commission  shall  have  full  power  to, 
and  shall,  prescribe  just  and  reasonable  classifications  to  be  used, 
and  just  and  reasonable  rates  and  charges  to  be  made  and  collected, 
by  public  service  corporations .  within  the  State  for  service  rendered 
therein,  and  make  reasonable  rules,  regulations,  and  orders,  by 
which  such  corporations  shall  be  governed  in  the  transaction  of 
business  within  the  State,  and  may  prescribe  the  forms  of  contracts 
and  the  systems  of  keeping  accounts  to  be  used  by  such  corpora- 
tions in  transacting  such  business,  and  make  and  enforce  reason- 
able rules,  regulations,  and  orders  for  the  convenience,  comfort,  and 
safety,  and  the  preservation  of  the  health,  of  the  employees  and 
patrons  of  such  corporations ;  Provided,  that  incorporated  cities 
and  towns  may  be  authorized  by  law  to  exercise  supervision  over 
public  service  corporations  doing  business  therein,  including  the 
regulation  of  rates  and  charges  to  be  made  and  collected  by  such 
corporations ;  Provided  further,  that  classifications,  rates,  charges, 
rules,  regulations,  orders,  and  forms  or  systems  prescribed  or  made 
by  said  Corporation  Commission  may  from  time  to  time  be 
amended  or  repealed  by  such  Commission. 

SEC.  4.  The  Corporation  Commission,  and  the  several  members 
thereof,  shall  have  power  to  inspect  and  investigate  the  property, 
books,  papers,  business,  methods,  and  affairs  of  any  corporation 
whose  stock  shall  be  offered  for  sale  to  the  public,  and  of  any 
public  service  corporation  doing  business  within  the  State,  and  for 

30 


the  purpose  of  the  Commission,  and  of  the  several  members  thereof, 
shall  have  the  power  of  a  court  of  general  jurisdiction  to  enforce 
the  attendance  of  witnesses  and  the  production  of  evidence  by 
subpoena,  attachment,  and  punishment,  which  said  power  shall  ex- 
tend throughout  the  State.  Said  Commission  shall  have  power  to 
take  testimony  under  commission  or  deposition  either  within  or 
without  the  State. 

SEC.  5.  The  Corporation  Commission  shall  have  the  sole  power 
to  issue  certificates  of  incorporation  to  companies  organizing  under 
the  laws  of  this  State,  and  to  issue  licenses  to  foreign  corporations 
to  do  business  in  this  State,  as  may  be  prescribed  by  law. 

SEC.  6.  The  law-making  power  may  enlarge  the  powers  and  ex- 
tend the  duties  of  the  Corporation  Commission,  and  may  prescribe 
rules  and  regulations  to  govern  proceedings  instituted  by  and  be- 
fore it;  but,  until  such  rules  and  regulations  are  provided  by  law, 
the  Commission  may  make  rules  and  regulations  to  govern  such 
proceedings. 

SEC.  7.  Every  public  service  corporation  organized  or  author- 
ized under  the  laws  of  the  State  to  do  any  transportation  or  trans- 
mission business  within  the  State  shall  have  the  right  to  construct 
and  operate  lines  connecting  any  points  within  the  State,  and  to 
connect  at  the  State  boundaries  with  like  lines;  and  every  such 
corporation  shall  have  the  right  with  any  of  its  lines  to  cross,  inter- 
sect, or  connect  with,  any  lines  of  any  other  public  service  corpora- 
tion. 

SEC.  8.  Every  public  service  corporation  doing  a  transportation 
business  within  the  State  shall  receive  and  transport,  without  delay 
or  discrimination,  cars  loaded  or  empty,  property,  or  passengers  de- 
livered to  it  by  any  other  public  service  corporation  doing  a  similar 
business,  and  deliver  cars,  loaded  or  empty,  without  delay  or  dis- 
crimination, to  other  transportation  corporations,  under  such  regu- 
lations as  shall  be  prescribed  by  the  Corporation  Commission,  or  by 
law. 

SEC.  9.  Every  public  service  corporation  engaged  in  the  business 
of  transmitting  messages  for  profit  shall  receive  and  transmit,  with- 
out delay  or  discrimination,  any  messages  delivered  to  it  by  any 
other  public  service  corporation  engaged  in  the  business  of  trans- 
mitting messages  for  profit,  arid  shall,  with  its  lines,  make  physical 
connection  with  the  lines  of  any  public  service  corporation  engaged 
in  the  business  of  transmitting  messages  for  profit,  under  such 
rules  and  regulations  as  shall  be  prescribed  by  the  Corporation  Com- 
mission, or  by  law;  Provided,  that  such  public  service  corporations 
shall  deliver  messages  to  other  such  corporations,  without  delay  or 
discrimination,  under  such  rules  and  regulations  as  shall  be  pre- 
scribed by  the  Corporation  Commission,  or  by  law. 

SEC.  10.  Railways  heretofore  constructed,  or  that  may  hereafter 
be  constructed,  in  this  State,  are  hereby  declared  public  highways, 
and  all  railroad,  car,  express,  electric,  transmission,  telegraph,  tele- 
phone, or  pipe  line  corporations,  for  the  transportation  of  persons, 
or  of  electricity,  messages,  water,  oil,  or  other  property  for  profit, 
are  declared  to  be  common  carriers  and  subject  to  control  by  law. 

SEC.  11.  The  rolling  stock  and  all  other  movable  property  be- 
longing to  any  public  service  corporation  in  this  State,  shall  be  con- 
sidered personal  property,  and  its  real  and  personal  property,  and 
every  part  thereof,  shall  be  liable  to  attachment,  execution,  and  sale 

3* 


in  the  same  manner  as  the  property  of  individuals;  and  the  law- 
making  power  shall  enact  no  laws  exempting  any  such  property  from 
attachment,  execution,  or  sale. 

SEC.  12.  All  charges  made  for  service  rendered,  or  to  be  ren- 
dered, by  public  service  corporations  within  this  State  shall  be  just 
and  reasonable,  and  no  discrimination  in  charges,  service,  or  facili- 
ties shall  be  made  between  persons  or  places  for  rendering  a  like 
and  contemporaneous  service,  except  that  the  granting  of  free  or 
reduced  rate  transportation  may  be  authorized  by  law,  or  by  the  Cor- 
poration Commission,  to  the  classes  of  persons  described  in  the  Act 
of  Congress  approved  February  11,  1887,  entitled  An  Act  to  Regu- 
late Commerce,  and  the  amendments  thereto,  as  those  to  whom  free 
or  reduced  rate  transportation  may  be  granted. 

SEC.  13.  All  public  service  corporations  and  corporations  whose 
stock  shall  be  offered  for  sale  to  the  public  shall  make  such  reports 
to  the  Corporation  Commission,  under  oath,  and  provide  such  in- 
formation concerning  their  acts  and  operations  as  may  be  required 
by  law,  or  by  the  Corporation  Commission. 

S^c.  14.  The  Corporation  Commission  shall,  to  aid  it  in  the 
proper  discharge  of  its  duties,  ascertain  the  fair  value  of  the  prop- 
erty within  the  State  of  every  public  service  corporation  doing  busi- 
ness therein ;  and  every  public  service  corporation  doing  business 
within  the  State  shall  furnish  to  the  Commission  all  evidence  in  its 
possession,  and  all  assistance  in  its  power,  requested  by  the  Com- 
mission in  aid  of  the  determination  of  the  value  of  the  property 
within  the  State  of  such  public  service  corporation. 

SEC.  15.  No  public  service  corporation  in  existence  at  the  time 
of  the  admission  of  this  State  into  the  Union  shall  have  the  benefit 
of  any  future  legislation  except  on  condition  of  complete  acceptance 
of  all  provisions  of  this  Constitution  applicable  to  public  service  cor- 
porations. 

SEC.  16.  If  any  public  service  corporation  shall  violate  any  of 
the  rules,  regulations,  orders,  or  decisions  of  the  Corporation  Com- 
mission, such  corporation  shall  forfeit  and  pay  to  the  State  not  less 
than  one  hundred  dollars  nor  more  than  five  thousand  dollars  for 
each  such  violation,  to  be  recovered  before  any  court  of  competent 
jurisdiction. 

SEC.  17.  Nothing  herein  shall  be  construed  as  denying  to  public 
service  corporations  the  right  of  appeal  to  the  courts  of  the  State 
from  the  rules,  regulations,  orders,  or  decrees  fixed  by  the  Corpora- 
tion Commission,  but  the  rules,  regulations,  orders,  or  decrees  so 
fixed  shall  remain  in  force  pending  the  decision  of  the  courts. 

SEC.  18.  Until  otherwise  provided  by  law,  each  Commissioner 
shall  receive  a  salary  of  three  thousand  dollars  a  year,  together  with 
his,  actual  necessary  expenses  when  away  from  home  in  the  dis- 
charge of  the  duties  of  his  office. 

SEC.  19.  The  Corporation  Commission  shall  have  the  power  and 
authority  to  enforce  its  rules,  regulations,  and  orders  by  the  impo- 
sition of  such  fines  as  it  may  deem  just,  within  the  limitations  pre- 
scribed in  Section  16  of  this  Article. 


ARTICLE  XVI. 

MILITIA. 

SEC.  1.  The  militia  of  the  State  of  Arizona  shall  consist  of  all 
able-bodied  male  citizens  of  the  State  between  the  ages  of  eighteen 
and  forty-five  years,  and  of  those  between  said  ages  who  shall  have 
declared  their  intention  to  become  citizens  of  the  United  States,  re- 
siding therein,  subject  to  such  exemptions  as  now  exist,  or  as  may 
hereafter  be  created,  by  the  laws  of  the  United  States  or  of  this 
State. 

SEC.  2.  The  organized  militia  shall  be  designated  "The  National 
Guard  of  Arizona,"  and  shall  consist  of  such  organized  military 
bodies  as  now  exist  under  the  laws  of  the  Territory  of  Arizona 
or  as  may  hereafter  be  authorized  by  law. 

SEC.  3.  The  organization,  equipment,  and  discipline  of  the  Na- 
tional Guard  shall  conform  as  nearly  as  shall  be  practicable  to  the 
regulations  for  the  government  of  the  armies  of  the  United  States. 


ARTICLE  XVII. 

WATER    RIGHTS. 

SEC.  1.  The  common  law  doctrine  of  riparian  water  rights  shall 
not  obtain  or  be  of  any  force  or  effect  in  the  State. 

SEC.  2.  All  existing  rights  to  the  use  of  any  of  the  waters  in 
the  State  for  all  useful  or  beneficial  purposes  are  hereby  recognized 
and  confirmed. 


ARTICLE  XVIII. 

LABOR.  Bancroft  Library 

SEC.  1  Eight  hours  and  no  more,  shall  constitute  a  lawful  day's 
work  in  all  employment  by,  or  on  behalf  of,  the  State  or  any  politi- 
cal subdivision  of  the  State.  The  Legislature  shall  enact  such  laws 
as  may  be  necessary  to  put  this  provision  into  effect,  and  shall  pre- 
scribe proper  penalties  for  any  violations  of  said  laws. 

SEC.  2.  No  child  under  the  age  of  fourteen  years  shall  be  em- 
ployed in  any  gainful  occupation  at  any  time  during  the  hours  in 
which  the  public  schools  of  the  district  in  which  the  child  resides 
are  in  session;  nor  shall  any  child  under  sixteen  years  of  age  be  em- 
ployed underground  in  mines,  or  in  any  occupation  injurious  to 
health  or  morals  or  hazardous  to  life  or  limb ;  nor  in  any  occupa- 
tion at  night,  or  for  more  than  eight  hours  in  any  day. 

SEC.  3.  It  shall  be  unlawful  for  any  person,  company,  associa- 
tion, or  corporation  to  require  of  its  servants  or  employees  as  a 
condition  of  their  employment,  or  otherwise,  any  contract  or  agree- 
ment whereby  such  person,  company,  association,  or  corporation 
shall  be  released  or  discharged  from  liability  or  responsibility  on  ac- 
count of  personal  injuries  which  may  be  received  by  such  servants 
or  employees  while  in  the  service  or  employment  of  such  person, 
company,  association,  or  corporation,  by  reason  of  the  negligence 
of  such  person,  company,  association,  corporation,  or  the  agents  or 
employees  thereof;  and  any  such  contract  or  agreement  if  made, 
shall  be  null  and  void. 

SEC.  4.  The  common  law  doctrine  of  fellow  servant,  so  far  as 
it  affects  the  liability  of  a  master  for  injuries  to  his  servant  result- 


ing  from  the  acts  or  omissions  of  any  other  servant  or  servants  of 
the  common  master  is  forever  abrogated. 

SEC.  5.  The  defense  of  contributory  negligence  or  of  assump- 
tion of  risk  shall,  in  all  cases  whatsoever,  be  a  question  of  fact  and 
shall,  at  all  times,  be  left  to  the  jury. 

SEC.  6.  The  right  of  action  to  recover  damages  for  injuries  shall 
never  be  abrogated,  and  the  amount  recovered  shall  not  be  subject 
to  any  statutory  limitation. 

SEC.  7.  To  protect  the  safety  of  employees  in  all  hazardous  oc- 
cupations, in  mining,  smelting,  manufacturing,  railroad  or  street 
railway  transportation,  or  any  other  industry  the  Legislature  shall 
enact  an  Employer's  Liability  law,  by  the  terms  of  which  any  em- 
ployer, whether  individual,  association,  or  corporation  shall  be 
liable  for  the  death  or  injury,  caused  by  any  accident  due  to  a  con- 
dition or  conditions  of  such  occupation,  of  any  employee  in  the 
service  of  such  employer  in  such  hazardous  occupation,  in  all  case.^ 
in  which  such  death  or  injury  of  such  employee  shall  not  have  been 
caused  by  the  negligence  of  the  employee  killed  or  injured. 

SEC.  8.  The  Legislature  shall  enact  a  Workmen's  Compulsory 
Compensation  law  applicable  to  workmen  engaged  in  manual  or 
mechanical  labor  in  such  employments  as  the  Legislature  may  de- 
termine to  be  especially  dangerous,  by  which  compulsory  compensa- 
tion shall  be  required  to  be  paid  to  any  such  workman  by  his  em- 
ployer, if  in  the  course  of  such  employment  personal  injury  to  any 
such  workman  from  any  accident  arising  out  of,  and  in  the  course 
of,  such  employment  is  caused  in  whole,  or  in  part,  or  is  contrib- 
uted to,  by  a  necessary  risk  or  danger  of  such  employment,  or  a 
necessary  risk  or  danger  inherent  in  the  nature  thereof,  or  by  failure 
of  such  employer,  or  any  of  his  or  its  officers,  agents,  or  employee, 
or  employees,  to  exercise  due  care,  or  to  comply  with  any  law  af- 
fecting such  employment;  Provided,  that  it  shall  be  optional  with 
said  employee  to  settle  for  such  compensation,  or  retain  the  right 
to  sue  said  employer  as  provided  by  this  Constitution. 

SEC.  9.  The  exchange,  solicitation,  or  giving  out  of  any  labor 
"black  list,"  is  hereby  prohibited,  and  suitable  laws  shall  be  enacted 
to  put  this  provision  into  effect. 

SEC.  10.  No  person  not  a  citizen  or  ward  of  the  United  States, 
or  who  has  not  declared  his  intention  to  become  a  citizen,  shall  be 
employed  upon,  or  in  connection  with,  any  State,  county,  or  munici- 
pal works  or  employment;  Provided,  that  nothing  herein  shall  be 
construed  to  prevent  the  working  of  prisoners  by  the  State,  or  by 
any  municipality  thereof,  on  street  or  road  work,  or  other  public 
work.  The  Legislature  shall  enact  laws  for  the  enforcement,  and 
shall  provide  for  the  punishment  of  any  violation,  of  this  section. 


ARTICLE  XIX. 

MINES. 

The  office  of  Mine  Inspector  is  hereby  established.  The  Leg- 
islature, at  its  first  session,  shall  enact  laws  so  regulating  the  oper- 
ation and  equipment  of  all  mines  in  the  State  as  to  provide  for  the 
health  and  safety  of  workers  therein  and  in  connection  therewith, 
and  fixing  the  duties  of  said  office.  Upon  approval  of  such  laws 
by  the  Governor,  the  Governor,  with  the  advice  and  consent  of  the 

34 


Senate,  shall  forthwith  appoint  a  Mine  Inspector,  who  shall  serve 
until  his  successor  shall  have  been  elected  at  the  first  general  elec- 
tion thereafter  and  shall  qualify.  Said  successor  and  all  subsequent 
incumbents  of  said  office  shall  be  elected  at  general  elections,  and 
shall  serve  for  two  years. 


ARTICLE  XX. 

ORDINANCE. 

The  following  ordinance  shall  be  irrevocable  without  the  consent 
of  the  United  States  and  the  people  of  this  State: 

First.  Perfect  toleration  of  religious  sentiment  shall  be  secured 
to  every  inhabitant  of  this  State,  and  no  inhabitant  of  this  State 
shall  ever  be  molested  in  person  or  property  on  account  of  his  or 
her  mode  of  religious  worship,  or  lack  of  the  same. 

Second.  Polygamous  or  plural  marriages,  or  polygamous  co- 
habitation, are  forever  prohibited  within  this  State. 

Third.  The  sale,  barter,  or  giving  of  intoxicating  liquors  to  In- 
dians and  the  introduction  of  liquors  into  Indian  country  are  forever 
prohibited  within  this  State. 

Fourth.  The  people  inhabiting  this  State  do  agree  and  declare 
that  they  forever  disclaim  all  right  and  title  to  the  unappropriated 
and  ungranted  public  lands  lying  within  the  boundaries  thereof  and 
to  all  lands  lying  within  said  boundaries  owned  or  held  by  any  In- 
dian or  Indian  tribes,  the  right  or  title  to  which  shall  have  been  ac- 
quired through  or  from  the  United  States  or  any  prior  sovereignty, 
and  that,  until  the  title  of  such  Indian  or  Indian  tribes  shall  have 
been  extinguished,  the  same  shall  be,  and  remain,  subject  to  the 
disposition  and  under  the  absolute  jurisdiction  and  control  of  the  Con- 
gress of  the  United  States. 

Fifth.  The  lands  and  other  property  belonging  to  citizens  of  the 
United  States  residing  without  this  State  shall  never  be  taxed  at  a 
higher  rate  than  the  lands  and  other  property  situated  in  this  State 
belonging  to  residents  thereof,  and  no  taxes  shall  be  imposed  by 
this  State  upon  lands  or  property  situated  in  the  State  belonging  to 
or  which  may  hereafter  be  acquired  by  the  United  States  or  re- 
served for  its  use;  but  nothing  herein  shall  preclude  the  State  from 
taxing  as  other  lands  and  other  property  are  taxed,  any  lands  and 
other  property  outside  of  an  Indian  reservation  owned  or  held  by 
any  Indian,  save  and  except  such  lands  as  have  been  granted  or  ac- 
quired as  aforesaid,  or  as  may  be  granted  or  confirmed  to  any  In- 
dian or  Indians  under  any  Act  of  Congress,  but  all  such  lands  shall 
be  exempt  from  taxation  so  long  and  to  such  extent  as  Congress 
has  prescribed  or  may  hereafter  prescribe. 

Sixth.  The  debts  and  liabilities  of  the  Territory  of  Arizona,  and 
the  debts  of  the  counties  thereof,  valid  and  subsisting  at  the  time 
of  the  passage  of  the  Enabling  Act  approved  June  20,  1910,  are 
hereby  assumed  and  shall  be  paid  by  the  State  of  Arizona,  and  the 
State  of  Arizona  shall,  as  to  all  such  debts  and  liabilities,  be  subro- 
gated  to  all  the  rights,  including  rights  of  indemnity  and  reimburse- 
ment, existing  in  favor  of  said  Territory  or  of  any  of  the  several 
counties  thereof,  at  the  time  of  the  passage  of  the  said  Enabling 
Act;  Provided,  that  nothing  in  this  ordinance  shall  be  construed  as 
validating  or  in  any  manner  legalizing  any  Territorial,  county, 


municipal,  or  other  bonds,  obligations,  or  evidences  of  indebtedness 
of  said  Territory  or  the  counties  or  municipalities  thereof  which 
now  are  or  may  be  invalid  or  illegal  at  the  time  the  said  State  of 
Arizona  is  admitted  as  a  State,  and  the  Legislature  or  the  people  of 
the  State  of  Arizona  shall  never  pass  any  law  in  any  manner  validat- 
ing or  legalizing  the  same. 

Seventh.  .  Provisions  shall  be  made  by  law  for  the  establishment 
and  maintenance  of  a  system  of  public  schools  which  shall  be  open 
to  all  the  children  of  the  State  and  be  free  from  sectarian  control/ 
and  said  schools  shall  always  be  conducted  in  English. 

The  State  shall  never  enact  any  law  restricting  or  abridging  the 
right  of  suffrage  on  account  of  race,  color,  or  previous  condition 
of  servitude. 

Eighth.  The  ability  to  read,  write,  speak,  and  understand  the 
English  language  sufficiently  well  to  conduct  the  duties  of  the  office 
without  the  aid  of  an  interpreter,  shall  be  a  necessary  qualification 
for  all  State  officers  arid  members  of  the  State  Legislature. 

Ninth.  The  capital  of  the  State  of  Arizona,  until  changed  by 
the  electors  voting  at  an  election  provided  for  by  the  Legislature  for 
that  purpose  shall  be  at  the  City  of  Phoenix,  but  no  such  election 
shall  be  called  or  provided  for  prior  to  the  thirty-first  day  of  De- 
cember, nineteen  hundred  and  twenty-five. 

Tenth.  There  are  hereby  reserved  to  the  United  States,  with  full 
acquiescence  of  this  State,  all  rights  and  powers  for  the  carrying  out 
of  the  provisions  by  the  United  States  of  the  Act  of  Congress  en- 
titled "An  Act  appropriating  the  receipts  from  the  sale  and  disposal 
of  public  lands  in  certain  States  and  Territories  to  the  construction 
of  irrigation  works  for  the  reclamation  of  arid  lands,"  approved 
June  17,  1902,  and  Acts  amendatory  thereof  or  .supplementary 
thereto,  to  the  same  extent  as  if  this  State  had  remained  a  Terri- 
tory. 

Eleventh.  Whenever  hereafter  any  of  the  lands  contained  within 
Indian  reservations  or  allotments  in  this  State  shall  be  allotted,  sold, 
reserved,  or  otherwise  disposed  of,  they  shall  be  subject,  for  a 
period  of  twenty-five  years  after  such  allotment,  sale,  reservation, 
or  other  disposal,  to  all  the  laws  of  the  United  States  prohibiting  the 
introduction  of  liquor  into  the  Indian  country. 

Twelfth.  The  State  of  Arizona  and  its  people  hereby  consent 
to  all  and  singular  the  provisions  of  the  Enabling  Act  approved 
June  20,  1910,  concerning  the  lands  thereby  granted  or  confirmed  to 
the  State,  the  terms  and  conditions  upon  which  said  grants  and  con- 
firmations are  made,  and  the  means  and  manner  of  enforcing  such 
terms  and  conditions,  all  in  every  respect  and  particular  as  in  the 
aforesaid  Enabling  Act  provided. 

Thirteenth.  This  ordinance  is  hereby  made  a  part  of  the  Con- 
stitution of  the  State  of  Arizona,  and  no  future  Constitutional 
amendment  shall  be  made  which  in  any  manner  changes  or  abro- 
gates this  ordinance  in  whole  or  in  part  without  the  consent  of  Con- 
gress. 

ARTICLE  XXI. 

MODE   OF   AMENDING. 

SEC.  1.  Any  amendment  or  amendments  to  this  Constitution  may 
be  proposed  in  either  House  of  the  Legislature,  or  by  Initiative  Peti- 

36 


tion  signed  by  a  number  of  qualified  electors  equal  to  fifteen  per 
centum  of  the  total  number  of  votes  for  all  candidates  for  Governor 
at  the  last  preceding  general  election. 

Any  proposed  amendment  or  amendments  which  shall  be  intro- 
duced in  either  House  of  the  Legislature,  and  which  shall  be  ap- 
proved by  a  majority  of  the  members  elected  to  each  of  the  two 
Houses,  shall  be  entered  on  the  journal  of  each  House,  together  with 
the  ayes  and  nays  thereon.'  When  any  proposed  amendment  or 
amendments  shall  be  thus  passed  by  a  majority  of  each  House  of 
the  Legislature  and  entered  on  the  respective  journals  thereof,  or 
when  any  elector  or  electors  shall  file  with  the  Secretary  of  State 
any  proposed  amendment  or  amendments  together  with  a  petition 
therefor  signed  by  a  number  of  electors  equal  to  fifteen  per  centum 
of  the  total  number  of  votes  for  all  candidates  for  Governor  in  the 
last  preceding  general  election,  the  Secretary  of  State  shall  submit 
such  proposed  amendment  or  amendments  to  the  vote  of  the  people 
at  the  next  general  election  (except  when  the  Legislature  shall  call 
a  special  election  for  the  purpose  of  having  said  proposed  amend- 
ment or  amendments  voted  upon,  in  which  case  the  Secretary  of 
State  shall  submit  such  proposed  amendment  or  amendments  to  the 
qualified  electors  at  said  special  election,)  and  if  a  majority  of  the 
qualified  electors  voting  thereon  shall  approve  and  ratify  such  pro- 
posed amendment  or  amendments  in  said  regular  or  special  election 
such  amendment  or  amendments  shall  become  a  part  of  this  Consti- 
tution. Until  a  method  of  publicity  is  otherwise  provided  by  law 
the  Secretary  of  State  shall  have  such  proposed  amendment  or 
amendments  published  for  a  period  of  at  least  ninety  days  previous 
to  the  date  of  said  election  in  at  least  one  newspaper  in  every 
county  of  the  State  in  which  a  newspaper  shall  be  published,  in 
such  manner  as  may  be  prescribed  by  law.  If  more  than  one  pro- 
posed amendment  shall  be  submitted  at  any  election,  such  proposed 
amendments  shall  be  submitted  in  such  manner  that  the  electors  may 
vote  for  or  against  such  proposed  amendments  separately. 

SEX.  2.  No  Convention  shall  be  called  by  the  Legislature  to  pro- 
pose alterations,  revisions,  or  amendments  to  this  Constitution,  or 
to  propose  a  new  Constitution,  unless  laws  providing  for  such  Con- 
vention shall  first  be  approved  by  the  people  on  a  Referendum  vote 
at  a  regular  or  special  election,  and  any  amendments,  alterations, 
revisions,  or  new  Constitution  proposed  by  such  Convention  shall 
be  submitted  to  the  electors  of  the  State  at  a  general  or  special 
election  and  be  approved  by  the  majority  of  the  electors  voting 
the'reon  before  the  same  shall  become  effective. 


ARTICLE  XXII. 

SCHEDULE   AND    MISCELLANEOUS. 

SEC.  1.  No  rights,  actions,  suits,  .  proceedings,  contracts,  claims, 
or  demands,  existing  at  the  time  of  the  admission  of  this  State  into 
the  Union,  shall  be  affected  by  a  change  in  the  form  of  govern- 
ment, from  Territorial  to  State,  but  all  shall  continue  as  if  no 
change  had  taken  place ;  and  all  process  which  may  have  been  issued 
under  the  authority  of  the  Territory  of  Arizona,  previous  to  its  ad- 
mission into  the  Union,  shall  be  as  valid  as  if  issued  in  the  name  of 
the  State. 

37 


SEC.  2.  All  laws  of  the  Territory  of  Arizona  now  in  force,  not 
repugnant  to  this  Constitution,  shall  remain  in  force  as  laws  of  the 
State  of  Arizona  .until  they  expire  by  their  own  limitations  or  are 
altered  or  repealed  by  law;  Provided,  that  wherever  the  word  Ter- 
ritory, meaning  the  Territory  of  Arizona,  appears  in  said  laws,  the 
word  State  shall  be  substituted. 

SEC.  ,3.  All  debts,  fines,  penalties,  and  forfeitures  which  have 
accrued,  or  may  hereafter  accrue,  to  the  Territory  of  Arizona  shall 
inure  to  the  State  of  Arizona. 

SEC.  4.  All  recognizances  heretofore  taken,  or  which  may  be 
taken,  before  the  change  from  a  Territorial  to  a  State  government, 
shall  remain  valid,  and  shall  pass  to  and  may  be  prosecuted  in  the 
name  of  the  State,  and  all  bonds  executed  to  the  Territory  of  Ari- 
zona, or  to  any  county  or  municipal  corporation,  or  to  any  officer, 
or  court,  in  his  or  its  official  capacity,  shall  pass  to  the  State  authori- 
ties and  their  successors  in  office  for  the  uses  therein  expressed,  and 
may  be  sued  for  and  recovered  accordingly;  and  all  the  estate,  real, 
personal,  and  mixed,  and  all  judgments,  decrees,  bonds,  specialties, 
choses  in  action,  and  claims,  demands  or  debts  of  whatever  descrip- 
tion, belonging  to  the  Territory  of  Arizona,  shall  inure  to  and  vest  in 
the  State  of  Arizona,  and  may  be  sued  for  and  recovered  by  the 
State  of  Arizona  in  the  same  manner,  and  to  the  same  extent,  as 
the  same  might  or  could  have  been  by  the  Territory  of  Arizona. 

SEC.  5.  All  criminal  prosecutions  and  penal  actions  which  may 
have  arisen,  or  which  may  arise,  before  the  change  from  a  Terri- 
torial to  a  State  government,  and  which  shall  then  be  pending,  shall 
be  prosecuted  to  judgment  and  execution  in  the  name  of  the  State. 
All  offenses  committed  against  the  laws  of  the  Territory  of  Ari- 
zona before  the  change  from  a  Territorial  to  a  State  government, 
and  which  shall  not  be  prosecuted  before  such  change,  may  be 
prosecuted  in  the  name,  and  by  the  authority,  of  the  State  of  Ari- 
zona, with  like  effect  as  though  such  change  had  not  taken  place, 
and  all  penalties  incurred  and  punishments  inflicted  shall  remain 
the  same  as  if  this  Constitution  had  not  been  adopted.  All  actions 
at  law  and  suits  in  equity,  which  may  be  pending  in  any  of  the 
courts,  of  the  Territory  of  Arizona  at  the  time  of  the  change  from 
a  Territorial  to  a  State  government,  shall  be  continued  and  trans- 
ferred to  the  court  of  the  State,  or  of  the  United  States,  having 
jurisdiction  thereof. 

SEC.  6.  All  Territorial,  district,  county,  and  precinct  officers  who 
may  be  in  office  at  the  time  of  the  admission  of  the  State  into  the 
Union  shall  hold  their  respective  offices  until  their  successors  shall 
have  qualified,  and  the  official  bonds  of  all  such  officers  shall  continue 
in  full  force  and  effect  while  such  officers  remain  in  office. 

SEC.  7.  Whenever  the  judge  of  the  superior  court  of  any  county, 
elected  or  appointed  under  the  provisions  of  this  Constitution,  shall 
have  qualified,  the  several  causes  then  pending  in  the  district  court 
of  the  Territory,  and  in  and  for  such  county,  except  such  causes 
as  would  have  been  within  the  exclusive  jurisdiction  of  the  United 
States  courts,  had  such  courts  existed  at  the  time  of  the  com- 
mencement of  such  causes  within  such  county,  and  the  records, 
papers,  and  proceedings  of  said  district  court,  and  other  property 
pertaining  thereto,  shall  pass  into  the  jurisdiction  and  possession  of 
the  superior  court  of  such  county. 

It  shall  be  the  duty  of  the  clerk  of  the  district  court  having  cus- 

38 


tody  of  such  papers,  records,  and  property,  to  transmit  to  the  clerk 
of  said  superior  court  the  original  papers  in  all  cases  pending  in 
such  district  and  belonging  to  the  jurisdiction  of  said  superior  court, 
together  with  a  transcript,  or  transcripts,  of  so  much  of  the  record 
of  said  district  court  as  shall  relate  to  the  same;  and  until  the  dis- 
trict courts  of  the  Territory  shall  be  superseded  in  manner  afore- 
said, and  as  in  this  Constitution  provided,  the  said  district  courts, 
and  the  judges  thereof,  shall  continue  with  the  same  jurisdiction  and 
powers,  to  be  exercised  in  the  same  judicial  district,  respectively,  as 
heretofore,  and  now,  constituted. 

SEC.  8.  When  the  State  is  admitted  into  the  Union,  and  the 
superior  courts,  in  their  respective  counties,  are  organized,  the  books, 
records,  papers,  and  proceedings  of  the  probate  court  in  each  county, 
and  all  causes  and  matters  of  administration  pending  therein,  shall 
pass  into  the  jurisdiction  and  possession  of  the  superior  court  of  the 
same  county  created  by  this  Constitution,  and  the  said  court  shall 
proceed  to  final  judgment  or  decree,  order,  or  other  determination, 
in  the  several  matters  and  causes  with  like  effect  as  the  probate 
court  might  have  done  if  this  Constitution  had  not  been  adopted. 

SEC.  9.  Whenever  a  quorum  of  the  judges  of  the  Supreme  Court 
of  the  State  shall  have  been  elected,  and  qualified,  and  shall  have 
taken  office,  under  this  Constitution,  the  causes  then  pending  in  the 
Supreme  Court  of  the  Territory,  except  such  causes  as  would  have 
been  within  the  exclusive  jurisdiction  of  the  United  States  courts, 
had  such  courts  existed  at  the  time  of  the  commencement  of  such 
causes,  and  the  papers,  records,  and  proceedings  of  said  court,  and 
the  seal  and  other  property  pertaining  thereto,  shall  pass  into  the 
jurisdiction  and  possession  of  the  Supreme  Court  of  the  State,  and 
until  so  superseded,  the  Supreme  Court  of  the  Territory,  and  the 
judges  thereof,  shall  continue,  with  like  powers  and  jurisdiction  as 
if  this  Constitution  had  not  been  adopted,  or  the  State  admitted  into 
the  Union;  and  all  causes  pending  in  the  Supreme  Court  of  the 
Territory  at  said  time,  and  which  said  causes  would  have  been 
within  the  exclusive  jurisdiction  of  the  United  States  courts,  had 
such  courts  existed,  at  the  time  of  the  commencement  of  such 
causes,  and  the  papers,  records,  and  proceedings  of  said  court,  re- 
lating thereto,  shall  pass  into  the  jurisdiction  of  the  United  States 
courts,  all  as  in  the  Enabling  Act  approved  June  20,  1910,  pro- 
vided. 

SEC.  10.  Until  otherwise  provided  by  law,  the  seal  now  in  use  in 
the  Supreme  Court  of  the  Territory,  shall  be  the  seal  of  the  Su- 
preme Court  of  the  State,  except  that  the  word  "State"  shall  be 
substituted  for  the  word  "Territory"  on  said  seal.  The  seal  of  the 
superior  courts  of  the  several  counties  of  the  State,  until  otherwise 
provided  by  law,  shall  be  the  vignette  of  Abraham  Lincoln,  with 

the  words  "Seal  of  the  Superior  Court  of County,  State 

of  Arizona/'  surrounding  the  vignette.  The  seal  of  municipalities, 
and  of  all  county  officers,  in  the  Territory,  shall  be  the  seals  of  such 
municipalities  and  county  officers,  respectively,  under  the  State,  un- 
til otherwise  provided  by  law,  except  that  the  word  "Territory,"  or 
"Territory  of  Arizona,"  be  changed  to  read  "State"  or  "State  of 
Arizona,"  where  the  same  may  appear  on  any  such  seals. 

SEC.  11.  The  provisions  of  this  Constitution  shall  be  in  force  from 
the  day  on  which  the  President  of  the  United  States  shall  issue  his 

39 


proclamation    declaring    the     State   of    Arizona     admitted     into    the 
Union. 

SEC.  12.  One  Representative  in  the  Congress  of  the  United 
States  shall  be  elected  from  the  State  at  large,  and  at  the  same 
election  at  which  officers  shall  be  elected  under  the  Enabling  Act,  ap- 
proved June  20,  1910,  and,  thereafter,  at  such  times  and  in  such  man- 
ner as  may  be  prescribed  by  law. 

SEC.  13.  The  term  of  office  of  every  officer  to  be  elected  or  ap- 
pointed under  this  Constitution  or  the  laws  of  Arizona  shall  extend 
until  his  successor  shall  be  elected  and  shall  qualify. 

SEC.  14.  Any  law  which  may  be  enacted  by  the  legislature  un- 
der this  Constitution  may  be  enacted  by  the  people  under  the 
Initiative.  Any  law  which  may  not  be  enacted  by  the  Legislature 
under  this  Constitution  shall  not  be  enacted  by  the  people. 

SEC.  15.  Reformatory  and  penal  institutions,  and  institutions  for 
the  benefit  of  the  insane,  blind,  deaf,  and  mute,  and  such  other  in- 
stitutions as  the  public  good  may  require,  shall  be  established  and 
supported  by  the  State  in  such  manner  as  may  be  prescribed  by  law. 

SEC.  16.  I't  shall  be  unlawful  to  confine  any  minor  under  the  age 
of  eighteen  years,  accused  or  convicted  of  crime,  in  the  same  sec- 
tion of  any  jail  or  prison  in  which  adult  prisoners  are  confined. 
Suitable  quarters  shall  be  prepared  for  the  confinement  of  such 
minors. 

SEC.  17.  All  State  and  county  officers  (except  notaries  public Nt 
and  all  justices  of  the  peace  and  constables,  whose  precinct  includes 
a  city  or  town  or  part  thereof,  shall  be  paid  fixed  and  definite  sal- 
aries, and  they  shall  receive  no  fees  for  their  own  use. 

SEC.  18.  A  State  Examiner,  who  shall  be  a  skilled  accountant 
shall  be  appointed  by  the  'Governor,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  for  a  term  of  two  years.  The  State  Examiner 
shall  examine  the  books  and  accounts  of  such  public  officers,  and 
perform  such  other  duties,  and  have  such  other  powers,  as  may  be 
prescribed  by  law. 

SEC.  19.  The  Legislature  shall  enact  laws  and  adopt  rules  pro- 
hibiting the  practice  of  lobbying  on  the  floor  of  either  House  of  the 
Legislature,  and  further  regulating  the  practice  of  lobbying. 

SEC.  20.  The  seal  of  the  State  shall  be  of  the  following  design : 
In  the  background  shall  be  a  range  of  mountains,  with  the  sun  ris- 
ing behind  the  peaks  thereof,  and  at  the  right  side  of  the  range  of 
mountains  there  shall  be  a  storage  reservoir  and  a  dam,  below 
which  in  the  middle  distance  are  irrigated  fields  and  orchards  reach- 
ing into  the  foreground,  at  the  right  of  which  are  cattle  grazing. 
To  the  left  in  the  middle  distance  on  a  mountain  side  is  a  quartz 
mill  in  front  of  which  and  in  the  foreground  is  a  miner  standing 
with  pick  and  shovel.  Above  this  device  shall  be  the  motto :  "Ditat 
Deus."  In  a  circular  band  surrounding  the  whole  device  shall  be 
inscribed :  "Great  Seal  of  The  State  of  Arizona/'  with  the  year  of 
admission  of  the  State  into  the  Union. 

SEC.  21.  The  Legislature  shall  enact  all  necessary  laws  to  carry 
into  effect  the  provisions  of  this  Constitution. 

Done  in  open  Convention  at  the  City  of  Phoenix,  Territory  of 
Arizona,  this  9th  day  of  December,  A.  D.  1910. 

(Signed)  GEO.  W.   P.   HUNT, 

President  of  the  Constitutional  Convention. 

(Signed)  A.  W.   COLE, 

Secretary  of  the  Constitutional   Convention. 
40 


Lithomount 

Pamphlet 

Binder 

Gaylord  Bros.  Inc. 

Makers 
Stockton,  Calif. 


